Aastha Thakur
Published on: October 7, 2022 at 22:26 IST
The Bombay High Court recently acquitted Binoy Kodiyeri, son of CPI(M) former secretary Kodiveri Balakrishnan, accused in a rape case. The court quashes the FIR filed after it was intimated to the bench that the parties had reached a mutual settlement of Rs. 80 lakhs for the women and their children.
A copy of the order was officially published on Thursday.
“It appears from a perusal of the FIR, that the parties were in a consensual relationship from 2009 to 2019. The same has also been accepted by the respondent no.2 (complainant) in her affidavit.”
“Thus, no offence can be said to have been disclosed under section 376 of Indian Penal Code. Even otherwise, it appears that the parties have amicably resolved their dispute..”
The bench comprising of Justices R P Mohite-Dere and S M Modak heard the case,originally filed in 2019, after the parties gave their no objection terms to the settlement course and the judges were informed about the amount of Rs. 80 lakhs, out of which half was paid and the remaining amount will be paid at the time of hearing.
The complainant was physically present in the court and it was only after her consent that the FIR was quashed by the learned bench.
The complainant filed her case in the year of 2019, alleging that she met Kodiyeri in a dance bar where she was working in Dubai in 2008, and he convinced her to have a relationship, and they also had a child together. However, she lodged a complaint against him when she learned about his previous marriage and he refused to pay maintenance for her and the child.
Kodyeri was booked under Sections 376, 376(2)(n), 420, 504 and 506 of the Indian Penal Code.
But, after the settlement agreement between both parties, the woman withdrew her statement stating that Kodiyeri is her husband. She also said her relationship with him was consensual as they used to meet occasionally. She filed an FIR only when the relationship between them turned sour.
Case Title: Mr. Binoy Kodiyeri Versus State of Maharashtra and Anr.