HC asks CPM leader’s son to reflect on consent terms in plea seeking to quashing of rape FIR
The Bombay High Court recently allowed Binoy Kodiyeri, a son of Kerala Communist Party of India (Marxist) secretary Kodiyeri Balakrishnan, to “reflect on implications of consent terms” he has reached with the woman who accused him of sexual assault and criminal intimidation.
Hearing a plea by Binoy seeking quashing of FIR against him, the court granted his request after it was informed that while the consent terms agreed on a compensation amount to be paid by Kodiyeri to the woman, he was not willing to accept the child born to the woman. The bench adjourned the hearing on his plea and directed both the parties to arrive at an understanding on pending issues.
A division bench of Justice Nitin M Jamdar and Justice NR Borkar was hearing Binoy Kodiyeri’s plea for quashing the FIR against him. A 32- year-old victim, a former employee of dance bar in Mumbai had alleged that Binoy had sexually abused and raped her after promising to marry her and claimed that they have a child together.
In her complaint to Oshiwara police on June 13, 2019, the victim said she was not aware that Binoy was already married and it wasn’t until recently when she happened to see his Facebook photos with his wife that she came to know of it.
The woman had claimed that she had come in contact with Binoy in Dubai in 2009 and he had proposed marriage to her. Thereafter, she came to India and Kodiyeri paid the rent of the house she lived in and sent her money.
She said she gave birth to a son next year but Kodiyeri did not live up to his promise of marriage and it was only when his name came up in a probe pertaining to a financial offence that she came to know that he was already married. When Binoy refused to accept her and the son, she lodged a complaint of sexual assault and criminal intimidation against him.
Binoy approached the HC claiming that he was falsely implicated by the woman, after which the court had ordered a DNA test.
In April this year, the court was informed that the contesting parties had arrived at a settlement as “better sense prevailed” over them and they would submit the consent terms. It was submitted that the parties were jointly requesting the court to quash the complaint proceedings. The lawyer for the police sought time to verify the factual aspects.
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