Today, On 29th August, A woman withdrew her case from the Delhi High Court, citing “litigation fatigue” as her reason. The court noted her decision, stating, “This is what you call litigation fatigue when you can’t keep coming to court to pursue the case.”
New Delhi: The Delhi High Court on Thursday permitted the withdrawal of a criminal case after the complainant expressed exhaustion from repeatedly taking time off work to attend court hearings.
The complainant initially filed a criminal case against the accused.
While the trial court proceedings were still underway, both parties approached the High Court seeking approval to settle the matter.
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The litigant explained her request to withdraw the case by stating,
“Court nahi aa sakte baar baar, kaam chod ke (I can’t keep leaving work to come to court).”
Justice Anup Bhambhani remarked that this situation exemplifies litigation fatigue, noting,
“This is the real reason for the withdrawal of cases in 7 out of 10 matters. That is what you call litigation fatigue, where individuals can’t keep coming to court to pursue the case.”
However, the Judge also suggested there might be more to the withdrawal, adding,
“She is also withdrawing the FIR at the cross-examination stage because she knows you (the petitioner) will embarrass her further.”
The Court ultimately allowed the withdrawal of the case, on the condition that the accused-petitioner pays costs.
The Court stated,
“It is evident that the complainant is withdrawing the case for two main reasons: the time-consuming nature of pursuing the matter and the embarrassment she would face during cross-examination. Therefore, we impose costs on the petitioner,”
Despite the petitioner’s counsel arguing against the imposition of costs, given that it was a legal aid case, the Bench remained firm.
Justice Bhambhani insisted,
“Cost dena padega. Nahi toh case chalta rahega (The cost will have to be paid. Otherwise, the case will continue),”
As a result, the Court imposed costs of Rs.10,000 on the petitioner as a condition for the settlement of the case.
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Her situation highlights the need for systemic reforms aimed at expediting legal processes and reducing the burden on litigants. This could include measures such as increasing the number of judges, improving court infrastructure, and implementing technology-driven solutions to streamline case management.
Addressing the issue of litigation fatigue is essential not only for the well-being of individual litigants but also for the overall efficiency and fairness of the judicial system. Without meaningful reforms, many more may find themselves in the same position, forced to abandon their pursuit of justice simply because the process becomes too arduous to bear.