Delhi High Court flagged an emerging trend of complainants adding rape and other sexual misconduct allegations in matrimonial disputes to pressure in-laws into hefty settlements, observing that such accusations are increasingly being used to compel compromise after the Arnesh Kumar ruling.
The Delhi High Court 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 observing 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 decision in Arnesh Kumar v. State of Bihar.
Justice Girish Kathpalia passed the interim order while hearing a petition filed by Vikram Kumar Jha @ Aryan Advik and another, seeking quashing of FIR No. 239/2024 registered at Sangam Vihar Police Station under Sections 498A, 406, 376, 354A, 506, 509 and 34 of the Indian Penal Code.
According to the petitioners, the complainant married the brother of petitioner No. 1 on July 8, 2016, and the couple has two children. They submitted that matrimonial relations deteriorated after the husband filed a divorce petition on September 18, 2023, following which the complainant 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 contended that the complainant made the rape allegation for the first time in her statement recorded under Section 164 CrPC on June 15, 2024, claiming that the alleged incident had occurred in 2017.
The petitioners further argued that there was no explanation for the delay in making such a serious accusation.
Taking note of the submissions, Justice Kathpalia observed that the petitioners’ arguments appeared to have substance.
The Court remarked that after the Supreme Court’s ruling in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, which curtailed automatic arrests in cases under Sections 498A and 406 IPC, an emerging trend could be seen where complainants level allegations of rape, molestation and other sexual offences against in-laws to compel settlements in matrimonial disputes by extracting substantial amounts of money.
The court remarked,
“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.”
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.
Pending further consideration, the High Court stayed the proceedings before the trial court. The matter has been listed for hearing on November 17, 2026.
Case Title: Vikram Kumar Jha @ Aryan Advik & Anr. v. State (Govt. of NCT of Delhi) & Anr., CRL.M.C. 4734/2026.