The Delhi HC observed that there appears to be a growing trend of complainants invoking serious sexual offence allegations in matrimonial disputes to pressure in-laws into monetary settlements.

Justice Girish Kathpalia made the observation while staying trial court proceedings against two brothers-in-law accused of rape and other offences by their brother’s estranged wife. The court said it found substance in the petitioners’ contention that allegations of rape, molestation and similar sexual offences are increasingly being invoked after the SC’s 2014 judgment in Arnesh Kumar versus Bihar, which curtailed automatic arrests in cases under Sections 498A and 406 of the IPC.

“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 court observed.

The remarks came while the court was hearing a petition seeking the quashing of an FIR registered at Sangam Vihar police station against the two brothers-in-law.

Senior advocate Rishi Malhotra, appearing for the petitioners, argued that the criminal case was filed out of vengeance after the complainant’s husband initiated divorce proceedings in September 2023. According to the petition, the complainant lodged the FIR in April 2024, months after the divorce petition was filed.

The petitioners argued that the original FIR contained no allegation of rape. They submitted that the complainant first made the rape allegation in her statement under Section 164 of the Code of Criminal Procedure in June 2024, claiming that the alleged offence had taken place in 2017. The defence contended that there was no explanation for the delay in raising the allegation.

The HC stayed the proceedings against the petitioners. It directed the State of Delhi to file a status report and issued notice to the complainant.