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Delhi HC Stays Trial, Observes Misuse Concerns Over Late Sexual Misconduct Allegations in Matrimonial Disputes

Shivam Y.

The Delhi High Court stayed trial proceedings in a matrimonial FIR, sought a status report, and observed that delayed allegations in some matrimonial disputes require careful judicial scrutiny. - Vikram Kumar Jha @ Aryan Advik & Anr. v. State (Govt. of NCT of Delhi) & Anr.

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Delhi HC Stays Trial, Observes Misuse Concerns Over Late Sexual Misconduct Allegations in Matrimonial Disputes
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The Delhi High Court has stayed the trial proceedings in a criminal case arising from a matrimonial dispute while hearing a petition seeking to quash an FIR containing allegations under multiple provisions, including sexual offences. The Court also made significant observations on what it described as an emerging pattern in certain matrimonial disputes.

Background of the Case

The petition was filed by two family members of the complainant's husband, seeking quashing of an FIR registered at Sangam Vihar Police Station. According to the petitioners, the criminal case was filed after matrimonial relations had broken down and divorce proceedings had already been initiated.

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Senior counsel appearing for the petitioners argued that the FIR initially did not contain any allegation of rape. It was submitted that such an allegation surfaced later in the complainant's statement recorded before a magistrate, referring to an incident allegedly dating back several years. The petitioners contended that no explanation had been offered for the delay in raising the allegation.

Justice Girish Kathpalia noted that the petitioners' submissions required consideration and referred to a broader trend seen after the Supreme Court's decision in Arnesh Kumar v. State of Bihar.

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The bench observed,

“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 did not make any finding on the truthfulness of the allegations and confined its observations to the stage of considering interim relief.

The High Court issued notice to the State and the complainant, directing the prosecution to file a status report before the next hearing.

It also ordered that proceedings before the trial court shall remain stayed until the next date of hearing, which has been fixed for November 17, 2026.

Case Details

Case Title: Vikram Kumar Jha @ Aryan Advik & Anr. v. State (Govt. of NCT of Delhi) & Anr.

Case Number: CRL.M.C. 4734/2026

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Judge: Justice Girish Kathpalia

Decision Date: July 10, 2026

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