Delhi HC Stays Trial in Matrimonial Case, Flags Emerging Trend of Sexual Offence Allegations Against In-Laws
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New Delhi, July 11 : The Delhi High Court has stayed the trial proceedings in a criminal case involving allegations of dowry harassment, criminal breach of trust, rape, sexual harassment and criminal intimidation against two brothers-in-law. While granting interim relief, the Court observed that a concerning trend appears to be emerging in matrimonial disputes where serious sexual offence allegations are raised against in-laws after the Supreme Court's judgment in the Arnesh Kumar v. State of Bihar case.
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Justice Girish Kathpalia passed the interim order while hearing a petition filed by Vikram Kumar Jha , Aryan Advik and another. The petition seeks the quashing of registration at Sangam Vihar Police Station under Sections 498A, 406, 376, 354A, 506, 509 and 34 of the Indian Penal Code (IPC).
According to the petitioners, the complainant married the brother of petitioner on July 8, 2016, and the couple has two children. They stated that the matrimonial relationship deteriorated after the husband filed a divorce petition in September 2023. The complainant later lodged the FIR on April 15, 2024.
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Senior Advocate Rishi Malhotra, appearing for the petitioners, argued that the original FIR did not contain any allegation of rape. He submitted that the complainant first made the rape allegation in her statement recorded under Section 164 of the Code of Criminal Procedure (CrPC) on June 15, 2024, claiming that the alleged incident had taken place in 2017.
The petitioners also argued that there was no explanation for the delay in making such a serious allegation.
After considering these submissions, Justice Kathpalia observed that the arguments appeared to have substance.
The Court further remarked that after the Supreme Court's decision in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, which restricted automatic arrests in cases under Sections 498A and 406 IPC, there appears to be an emerging trend in some matrimonial disputes where allegations of rape, molestation and other sexual offences are made against in-laws to put pressure on them for settlements involving substantial amounts of money.
“I also find substance in the submission of learned Senior Counsel for petitioners that in the recent past, ever since the Supreme Court delivered the judgment in the case of Arnesh Kumar vs State of Bihar & Anr., (2014) 8 SCC 273, which narrowed down the abuse of provisions under Section 498A/406 IPC as regards arrest, a trend is setting in where the complainants have started alleging such serious charges of rape, molestation and similar other sexual misconduct only to ensure that the in-laws of the complainant are compelled to settle the matrimonial disputes by paying hefty amounts.”
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The Court clarified that this observation was made while considering the interim relief and the case will be examined further during the final hearing.
The Additional Public Prosecutor accepted notice on behalf of the State and was directed to file a status report at least one week before the next hearing. The Court also issued notice to the complainant through the Investigating Officer.