Case against Pomersbach quashed, victim wants to move on

The Delhi high court today quashed the case of molestation and assault against Australian cricketer Luke Pomersbach, after he and US national Zohal Hamid filed an application before the court and said they had no interest in pursuing the matter further. Justice ML Mehta quashed the FIR and the criminal proceedings arising out of it after recording statements of Hamid, her fiance Sahil Peerzada and Pomersbach. “Since they have resolved the dispute and want to go back to their respective countries, I quash the FIR,” Justice Mehta said after Hamid and Pomersbach jointly told the court that they would like to leave India tonight Legal counsel for Hamid told reporters outside the court, “In our application we said that the FIR lodged should be dismissed. The court has accepted this plea and quashed the case. It has directed that the passport be returned.” The Delhi police had opposed the quashing of the case but the court rejected their plea, he said. [caption id=“attachment_321092” align=“alignleft” width=“380” caption=“Pomersbach was earlier arrested and released on bail. PTI”]  [/caption] The court rejected the Delhi government’s argument that the FIR should not be quashed keeping in view the gravity and seriousness of the offence. The state’s standing counsel Pawan Sharma argued that any criminal case against a woman should not be allowed to be settled outside the court. Opposing the plea for dropping the case, he said the court should not entertain it as it would amount to “misuse of our system” To a query posed by the court about the incident, Pomersbach replied, “It started just like that. One issue led to another”. He did not elaborate. After the court hearing, the Australian cricketer refused to comment on the development. Speaking to reporters outside the court, Hamid told reporters," Sidhartha Mallya apologized, Luke apologized, he admitted he was wrong and so  we have withdrawn the case." She did not comment on when questioned about her earlier statement that she would pursue the case to its logical end. Pomersbach had been accused of molesting the woman in a hotel room on 18 May following a post-IPL match party. He had also allegedly assaulted Peerzada when he attempted to intervene. Peerzada was admitted to a Delhi hospital and was discharged after a few days. “We are pleased with the decision the court has taken. We would like to go ahead with our lives. Whatever has happened has happened,” Peerzada told reporters today. In their petition before the high court the trio had said, “The petitioners have reached settlement as per settlement deed dated 23 May 2012, whereby inter se disputes between the parties have been amicably settled without any pressure, coercion or undue influence.” They said on the advice of their friends and relatives, they mutually decided to end all their disputes. The trio have also agreed not to make any statement, written or verbal which would defame or, in any way, criticise personal reputation of each other. Pomersbach had been arrested after the incident and was subsequently released on bail. He had been directed to submit his passport to the court.