Allegations of Sexual Misconduct Raised After Delay; Court Questions Credibility and Abuse of Legal Process
In a significant development, the Delhi High Court has stayed proceedings in a case involving allegations of sexual misconduct tied to matrimonial disputes. The case, titled Vikram Kumar Jha @ Aryan Advik v. State (Govt of NCT of Delhi), was heard by Justice Girish Kathpalia. Petitioners Vikram Kumar Jha and another sought the quashing of FIR No. 239/2024 registered at PS Sangam Vihar, which accused them of offenses under Sections 498A, 406, 376, 354A, 506, and 509 of the Indian Penal Code (IPC).
The petitioners, represented by Senior Advocate Mr. Rishi Malhotra, argued that the FIR was an abuse of the legal process, asserting that the complainant, the wife of one petitioner’s brother, made serious allegations of rape and molestation against them after a substantial delay, with no explanation provided for her silence over the years. The complainant initially lodged the police complaint on April 15, 2024, following her husband's filing of a divorce case on September 18, 2023. Notably, the allegations of sexual misconduct surfaced for the first time in her statement under Section 164 of the Criminal Procedure Code (CrPC) on June 15, 2024, alleging incidents from 2017.
Justice Kathpalia noted the implications of the Supreme Court's decision in Arnesh Kumar vs State of Bihar & Anr., (2014) 8 SCC 273, which highlighted the misuse of provisions under Sections 498A and 406 IPC concerning arrests in matrimonial disputes. The court observed an emerging trend where complainants allege grave charges, such as rape and molestation, to coerce in-laws into settling matrimonial disputes, often demanding substantial financial settlements.
The court has directed the complainant, who is the second respondent, to appear through Investigating Officer SI Meetu Yadav on November 17, 2026. Meanwhile, the proceedings in the trial court have been stayed, pending further review.
The case underscores the challenges faced by the judiciary in balancing the protection of genuine victims of matrimonial and sexual abuse against the potential misuse of legal provisions for coercive purposes.
Bottom line:-
Abuse of process of law under Sections 498A, 406, 376, 354A, 506, 509 IPC - Allegations of sexual misconduct such as rape and molestation made after a substantial delay without any explanation can be seen as an attempt to settle matrimonial disputes by coercion.
Statutory provision(s):
- Indian Penal Code, 1860 Sections 498A, 406, 376, 354A, 506, 509
- Section 164 CrPC
