The Delhi High Court on Friday flagged a disturbing trend wherein complainants in matrimonial disputes have started levelling serious allegations of rape and molestation against their in-laws to compel them to settle the disputes by paying hefty amounts.
Justice Girish Kathpalia made the observation while hearing a petition filed by two brothers-in-law seeking quashing an FIR registered at Sangam Vihar Police Station for offences under Sections 498A, 406, 376, 354A, 506, 509 and 34 of the Indian Penal Code. The court agreed with the petitioners that severe charges like rape and molestation are increasingly being added to matrimonial dispute cases after automatic arrests in dowry allegations were barred by the Supreme Court.
Senior Advocate Rishi Malhotra, appearing for the petitioners Vikram Kumar Jha and his brother, contended that the marriage between the complainant and the brother of petitioner no. 1 was solemnised on July 8, 2016, and two children were born out of the wedlock. Subsequently, the husband initiated divorce proceedings on September 18, 2023.
The woman filed a complainant against her husband and his brother on April 15, 2024, allegedly out of vengeance. It was submitted that while the FIR did not contain any allegation of rape, it was added much later. As per the petition, the woman for the first time alleged in her statement recorded under Section 164 of the Code of Criminal Procedure on June 15, 2024, that she was raped in the year 2017. There was no explanation for the inordinate delay in making such a grave allegation, the court was told.
The court found substance in the submission that ever since the Supreme Court narrowed down the scope for arrests in cases under Section 498A/406 IPC in 2014, and barred automatic arrests in such cases, a trend has set in where complainants add 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.
As an interim relief to the petitioners, the Court ordered that the trial court proceedings against them be stayed. The High Court issued notice to the complainant through the investigating officer, returnable on November 17, 2026. The state has been directed to file a status report at least one week before the next date of hearing.
