The Delhi High Court has raised concerns over an emerging pattern where allegations of serious sexual misconduct are increasingly being introduced in matrimonial disputes. This trend is reportedly aimed at pressuring in-laws into financially settling these cases. Justice Girish Kathpalia identified this issue while suspending proceedings initiated by a trial court against two brothers-in-law accused of rape and cruelty by their sister-in-law.
Legal Context and Court’s Observations
The Court noted that allegations such as rape (under Section 376 of the Indian Penal Code) and molestation (under Section 354A) are being strategically employed to circumvent restrictions on automatic arrests in dowry harassment cases. This trend appears to have intensified following the Supreme Court’s pivotal 2014 judgment in Arnesh Kumar vs State of Bihar. The ruling limited automatic arrests under Section 498A of the IPC, which deals with dowry-related cruelty, to prevent misuse of the law.
Case Background and Arguments
The case under consideration involved a petition for quashing an FIR against two brothers-in-law, accused of cruelty and rape by their brother’s estranged wife. Senior Advocate Rishi Malhotra, representing the accused, argued that the FIR was a retaliatory move following the husband’s divorce filing in September 2023. The wife lodged the complaint in April 2024, several months later.
Significantly, the initial FIR in April 2024 did not include rape allegations against the brothers-in-law. The complainant introduced these charges only two months later during her statement under Section 164 of the Criminal Procedure Code, claiming the alleged incidents occurred in 2017. The defense questioned the credibility of these allegations, highlighting the prolonged period of silence from the complainant.
Court’s Interim Decision
In light of the arguments and discrepancies pointed out by the defense, the Delhi High Court, as a provisional measure, stayed the trial court proceedings against the accused. The matter is slated for further hearing on November 17, 2026.
The legal team for the petitioners included Senior Advocate Rishi Malhotra, along with Advocates Ansuiya and Shivaansh Maini. Hemant Mehla, Additional Public Prosecutor, represented the State.
