The Delhi High Court on Friday quashed an FIR against Australian cricketer Luke Pomersbach after he and the complainant U.S. national reached an out-of-court settlement in a molestation case.
Justice M.L. Mehta quashed the FIR and the criminal proceedings arising out of it after recording statements of American citizen Zohal Hamid, her friend Sahil Peerzada and accused 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. Hamid had asked the court not to pursue the matter any further.
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”. The accused, he submitted, deserved to be tried.
The court, however, said since they have resolved the issue and would like to leave India, “let them go with a happy ending“.
To a query posed by the court to the Royal Challengers’ cricketer about the incident, Pomersbach replied, “It started just like that. One issue led to another”. He did not elaborate.
The accused also expressed his regret before the court for the incident.