Delhi High Court Stays Trial in Matrimonial Rape Case, Flags Misuse of Sexual Offence Allegations in Family Disputes

July 11, 2026 : The Delhi High Court has stayed the criminal trial proceedings against two men accused of rape, cruelty and other offences, while expressing concern over what it described as a growing trend of complainants invoking serious sexual offence allegations in matrimonial disputes to pressure the husband’s family into monetary settlements.

Justice Girish Kathpalia passed the interim order while hearing a petition seeking the 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 (IPC).

The petition was filed by Vikram Kumar Jha alias Aryan Advik and another, who contended that the criminal case was lodged by their estranged sister-in-law as a retaliatory step after her husband initiated divorce proceedings.

According to the petition, the complainant married the first petitioner’s brother on July 8, 2016, and the couple has two children. The husband filed a divorce petition on September 18, 2023. Subsequently, the complainant lodged the FIR on April 15, 2024.

Appearing for the petitioners, Senior Advocate Rishi Malhotra argued that the original FIR contained allegations relating to cruelty and other matrimonial offences but did not include any accusation of rape against the brothers-in-law. He submitted that the allegation of rape surfaced for the first time in the complainant’s statement recorded under Section 164 of the Code of Criminal Procedure on June 15, 2024. In that statement, the complainant alleged that the incident had taken place in 2017.

The petitioners argued that there was no explanation for the delay of nearly seven years in making such a serious allegation. They contended that the criminal proceedings were initiated with mala fide intent and amounted to an abuse of the criminal justice system to exert pressure in the ongoing matrimonial dispute.

After considering the submissions, the High Court observed that the petitioners’ arguments appeared to carry substance. The Court referred to the Supreme Court’s landmark judgment in Arnesh Kumar v. State of Bihar (2014), which curtailed automatic arrests in cases under Sections 498A and 406 IPC to prevent misuse of those provisions.

The Court further observed that, following the Arnesh Kumar ruling, an emerging pattern appears to have developed in certain matrimonial disputes where allegations of rape, molestation and other sexual offences are levelled against the husband’s relatives to compel settlements involving substantial monetary payments.

Taking note of the facts and circumstances of the case, the High Court granted interim relief by staying the trial court proceedings against the petitioners until further orders.

The Court also issued notice to the complainant through the Investigating Officer. 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 matter has been listed for further hearing on November 17, 2026.