Mumbai The Bombay high court (HC) recently allowed Binoy Kodeyeri, son of CPI(M) Kerela secretary Balkrishna Kodeyeri, to ‘reflect’ on the consent terms he has reached with the woman who accused him of sexual assault and intimidation in the quashing of FIR petition filed by him.
The court granted Kodeyeri’s request after it was informed that while the consent terms agreed on the compensation amount to be paid by Kodeyeri, he was not willing to take responsibility for the child.
While adjourning the hearing of the petition filed to July 13, the HC directed both parties to reach an understanding on the pending issues.
The division bench of justice Nitin Jamdar and justice Nitin Borkar, while hearing the petition filed by Kodeyeri for quashing of the petition filed by an Andheri resident, was informed by advocates Rishi Bhuta and Neha Patil that a copy of the consent terms was being submitted based on which the woman was willing to withdraw the FIR filed by her in 2019.
The woman had claimed that she had come in contact with Kodeyeri in Dubai in 2009 and he had proposed marriage to her. Thereafter, she came back to India and Kodeyeri paid for the rent of the house she lived in and also sent her money. In 2010, she gave birth to a son but Kodeyeri did not fulfil his promise of marriage. It was only after Kodeyeri’s name came up in the investigation into some financial offences did she come to know that he was married. When Kodeyeri refused to accept her and the son, she decided to lodge a complaint of sexual assault and criminal intimidation against him.
{{/usCountry}}The woman had claimed that she had come in contact with Kodeyeri in Dubai in 2009 and he had proposed marriage to her. Thereafter, she came back to India and Kodeyeri paid for the rent of the house she lived in and also sent her money. In 2010, she gave birth to a son but Kodeyeri did not fulfil his promise of marriage. It was only after Kodeyeri’s name came up in the investigation into some financial offences did she come to know that he was married. When Kodeyeri refused to accept her and the son, she decided to lodge a complaint of sexual assault and criminal intimidation against him.
{{/usCountry}}After the FIR was registered, Kodeyeri approached HC seeking quashing of the FIR claiming that he was falsely implicated in the case. The HC had then ordered a DNA test.
When the petition had come up for hearing in April this year, the HC was informed that the woman had agreed to withdraw her complaint against Kodeyeri based on mutual agreement and the consent terms would be submitted before the court. The court had accepted the same and had restrained the lower court from framing charges against Kodeyeri till the petition in HC was decided.
On June 29, when the petition came up for hearing before the HC bench, it was informed that Kodeyeri would pay an amount to the woman but would not take any responsibility of the child.
However, the counsel for the woman opposed it. Counsels for both Kodeyeri and the woman then requested the court for some time to resolve the differences which the court accepted.
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