Bombay HC Quashes Rape Case Against Binoy Kodiyeri Following ₹80 Lakh Settlement
The Bombay High Court has quashed the FIR registered against Binoy Kodiyeri under Sections 376, 376(2)(n), 420, 504 and 506 of the Indian Penal Code.
Binony Kodiyeri is the son of former Politburo Member and Kerala state secretary of the CPI(M), Kodiyeri Balakrishnan, who passed away on October, 1.
The Bench of Justice Revati Mohite Dere and Justice S.M. Modak observed that the parties were in a consensual relationship, thus, no offence can be said to have been disclosed under section 376 of IPC.
The Court noted that Petitioner-Binoy Kodiyeri and the Woman-Original Complainant amicably settled their dispute and entered into consent terms.
In the said consent terms, it was stated that the relationship between the Petitioner and the woman was consensual and as they were regularly meeting each other, an affair blossomed between them and subsequently, when the relationship became strained, the FIR was lodged.
It was also stated that keeping in mind the interest and well-being of their minor child, the Petitioner-Kodiyeri had to pay a sum of Rs.80,00,000. The Court was informed that out of Rs.80,00,000, the woman-original complainant had received a sum of Rs.40,00,000.
Another demand draft of Rs.30,00,000 and a cheque of Rs.10,00,000 was handed over to the woman-original complainant. She stated that instead of a cheque of Rs.10 lakhs, transfer of Rs.10 lakhs be made by RTGS, the counsel for the petitioner assured to transfer the same by RTGS.
In this case, the woman-original complainant stated that while working as a dancer, at the dance bar in Dubai, she met the Petitioner-Binoy Kodiyeri, who frequently visited the bar. It was alleged that the petitioner took her to his Dubai house and that after a few days, he gifted her some articles and disclosed that he was unmarried and that he would marry her, if she left working in the dance bar. She stated that she had physical relations with the petitioner, as he was going to marry her.
In 2010, she gave birth to a boy and informed the petitioner about the same. The petitioner is alleged to have again promised her to marry her, on the first birthday of their child.
She has further stated in the complaint that in 2018, she learnt from social media that the petitioner was already married and when she confronted the petitioner about the same, the petitioner gave feeble answers, threatened and verbally abused her, pursuant to which she lodged the FIR.
Advocates Rishi Bhuta and Ankita Bamboli appeared for the Petitioner whereas Advocate S. D. Shinde appeared for the State. Advocate Prashant Phopale appeared for the Woman-original Complainant.
The Court was informed that quashing of FIR is sought on the premise, that the parties, who are both adults, were in a consensual relationship and that they have amicably settled their dispute.
The Counsel for the Woman-Original Complainant tendered an affidavit wherein the woman-original complainant has stated that the relationship was consensual, and as they were regularly meeting each other, an affair blossomed between them and when the relationship get strained, she lodged an FIR.
She further stated that she has no objection to quashing of the proceedings initiated by her.
"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 in her affidavit. Thus, no offence can be said to have been disclosed under section 376 of Indian Penal Code.", the Court observed.
Accordingly, the Court quashed the FIR registered against Binoy Kodiyeri.
Cause Title- Binoy Kodiyeri v. State of Mahaharashtra