Mumbai: The High Court of Bombay has thwarted a bid to terminate a sexual abuse case in which Kerala's CPM Secretary Kodiyeri Balakrishnan's son Binoy Kodiyeri is the defendant. Binoy and the complainant were reportedly seeking an out-of-court settlement and approached the court to terminate the litigation.
A Division Bench of the High Court on Saturday refused to consider a mutual application filed by Binoy and the woman seeking to end the court proceedings and also apprising it of the settlement terms they have reached.
The court refused to consider the application as a sexual abuse case is a criminal case, and only civil cases can be settled out of court.
The Mumbai-based woman, who is originally from Bihar, had approached the city police in June 2019 to file a case alleging sexual abuse for over a decade.
Now 36, she had claimed that the father of her son, now 11 years old, is Binoy. She had filed the complaint at the Oshiwara police station in the city on June 13, 2019. The FIR was registered under Indian Penal Code sections on sexual assault, cheating and intimidation.
She refused to confirm the latest developments, but Binoy confirmed that a settlement is being worked out. He, however, refused to divulge details of the settlement terms, latest reports state.
Binoy had initially claimed it was a bid to blackmail him. However, a paternity test was ordered by the court and soon his claims became untenable. An apparent bid to settle the case was on and even the court was approached to close the case against him.
The case
According to the complaint, Binoy was in a relationship with the woman since 2008, when she was working at a dance bar in Dubai. She alleged that Binoy had promised to marry her, but despite several pleas he refused to do so. After she came to know in 2018 that he was already married, she decided to register a police complaint.
The woman also claimed Binoy introduced himself to her as a bachelor and businessman involved in the construction sector in Dubai. Binoy allegedly showered her with expensive gifts during the period, the complaint further stated.
She also said in the complaint, “I hail from a poor family in Bihar. I have eight sisters. After my father's death in 2007, I moved to my elder sister's house in Mumbai and learned dancing for a livelihood. With the help of a friend, I was able to get a job at a dance bar in Dubai in September 2008. I got acquainted with Binoy in Dubai, a frequent visitor at the bar. He sought my mobile number and started calling me frequently. He gave me expensive gifts and money several times. He even promised to marry me if I was ready to quit my job.
“I used to visit Binoy's house. I became pregnant in 2009. He rented out a flat at Andheri West and moved me to Mumbai by February 2010. My baby boy was born on July 22, 2010 at a hospital in Andheri. Binoy had assured my mother and sister that he would marry me. He used to send money every month and duly renewed the house rent contract every year or found a new one for us.
“In 2015, he said his business was going through a tough phase and that it was proving to be increasingly difficult to give us money. Thereafter, he started avoiding me. It was in 2018 that a financial fraud case was
filed against Binoy. When the case surfaced I inquired and found that he had been married all along. When I first asked him about this, he failed to give a clear answer. After a while he started to threaten me. He
eventually stopped picking up my calls. I requested him to marry me once again in 2019, but even his relatives threatened me after this,” the complaint said.
