Bombay High Court: In a case filed for quashing of the charges registered against Binoy Kodiyeri (petitioner), son of CPM’s Kerala State Secretary Kodiyeri Balakrishnan, for the alleged offences punishable under Sections 376, 376(2)(n), 420, 504 and 506 of Penal Code, 1860 on the disputes being settled, on payment of a sum of Rs. 80,00,000, a division bench of Revati Mohite Dere and S M Modak, JJ., quashed the FIR registered with the Oshiwara Police Station, Mumbai due to the relation between the parties being consensual in nature and have now reached settlement vide consent terms agreed mutually.
The allegations pertain to respondent 2 and petitioner being in a relationship wherein the petitioner had sexual relationship with respondent 2 on false pretext of marriage. She also begotten a son from this relationship, however, suddenly, the petitioner stopped paying her money stating that the business in Dubai is on the verge of bankruptcy and later she comes to know that the petitioner is already married and when confronted, the petitioner threatened and verbally abused her, pursuant to which she lodged the FIR.
However, the parties reached a settlement and as per consent terms, the parties were in a consensual relationship from 2009 till 2019 and as they were regularly meeting each other, an affair blossomed between them and subsequently, when the relationship became strained, the FIR was lodged. But, keeping in mind the interest and wellbeing of the minor child, the petitioner has agreed to pay a sum of Rs. 80,00,000/- by demand draft.
An affidavit dated 11-04-2022 was placed on record by respondent 2, wherein she has stated that she has withdrawn all her statements which carry innuendo, imputation, allegation or suggestion that the petitioner is her husband.
Thus, the Court quashed the FIR and proceedings thereto, as the parties have amicably resolved their dispute and as such, respondent 2 does not intend to proceed with the case.
[Binoyi Kodiyeri v. State of Maharashtra, 2022 SCC OnLine Bom 3361, decided on 27-09-2022]
Advocates who appeared in this case :
Mr. Rishi Bhuta with Ms. Ankita Bamboli for the Petitioner.
Ms. S. D. Shinde for the Respondent No.1-State.
Mr. Prashant Phopale i/b P.M.H. Law for the Respondent 2.
*Arunima Bose, Editorial Assistant has put this report together.
