The Delhi High Court has expressed serious concern over what it termed a 'growing trend' of complainants levelling grave sexual offence allegations, including rape and molestation, against in-laws in matrimonial disputes to pressure them into paying hefty settlements. Justice Girish Kathpalia, while staying trial court proceedings against two brothers-in-law accused of rape and cruelty by their brother's estranged wife, observed that such allegations are increasingly being used as a coercive tool.
Court Links Rise to 2014 Supreme Court Judgment
The High Court connected this emerging pattern to the Supreme Court's landmark 2014 ruling in Arnesh Kumar vs State of Bihar, which restricted automatic arrests in cases under Section 498A of the Indian Penal Code (IPC) to prevent misuse of the dowry harassment law. The court noted that after the ruling narrowed the scope for immediate arrests in cruelty cases, complainants began adding more serious charges like rape and molestation to exert pressure.
Justice Kathpalia remarked that an alarming trend appears to be emerging where serious allegations are levelled to force in-laws into settling matrimonial disputes by paying hefty amounts. The court stayed the trial court proceedings as an interim measure, stating the petition raised issues requiring consideration.
Case Background and Arguments
The observations came during a plea seeking quashing of an FIR lodged by the wife against her two brothers-in-law. Senior advocate Rishi Malhotra, representing the petitioners, argued that the FIR was a retaliatory measure after the complainant's husband filed for divorce in September 2023. The complaint was lodged seven months later, in April 2024.
Malhotra highlighted a glaring inconsistency in the prosecution's case: while the FIR contained allegations of cruelty, it made no accusation of rape. The rape allegation surfaced for the first time two months later in the complainant's statement under Section 164 of the CrPC, where she claimed the brothers-in-law had raped her in 2017. The defence argued there was no explanation for the seven-year delay in disclosing such a serious accusation.
Interim Stay and Next Hearing
Finding merit in the submissions at this stage, the High Court stayed the trial court proceedings against the petitioners as an interim measure. The matter is next scheduled for hearing on November 17.
