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High court quashes FIR against Pomersbach

Nd,Crime/Disaster/Accident,Immigration/Law/Rights, Fri, 25 May 2012 IANS

New Delhi, May 25 (IANS) The Delhi High Court Friday quashed US national Zohal Hamid's police complaint against Indian Premier League's (IPL) Australian player Luke Pomersbach that he had molested her.

 

Justice M.L. Mehta quashed the first information report (FIR) and dropped criminal proceedings in the case after Hamid, Pomersbach and Hamid's fiance Sahil Peerzada informed the court that they have settled the case out of court.

 

The court recorded Hamid's statement that she did not want to pursue the case any longer and wanted to go back home Friday night.

 

"Since they resolved the dispute and wanted to go back to their homes, I quashed the FIR. They can go to their homes now," the court ordered.

 

Justice Mehta also rejected the argument of the state that the FIR should not be quashed keeping in view the gravity and seriousness of the offence.

 

Pomersbach was arrested May 18 after Hamid alleged that she was molested in a five-star hotel here. She also alleged that Pomersbach, a Royal Challengers Banglore (RCB) player, had assaulted her fiance, Sahil Peerzada.

 

Opposing the quashing of the FIR, the advocate appearing for the state said that "any crime against women here should not be allowed to be compromised" and if the plea is allowed, it will be "misuse of our system".

 

Hearing the plea, Justice Mehta opined that since they all have resolved the issue and would like to leave India, "let them go with a happy ending".

 

A joint petition moved by Hamid, Pomersbach and Peerzada said they had reached a settlement Wednesday amicably without any pressure.

 

The petitioners reached a settlement "whereby inter se disputes between the parties have been amicably settled without any pressure, coercion or undue influence", the petition said.

 

"All the petitioners are of young age and have a long life ahead of them and they do not wish to blemish each other and wish to end this unfortunate episode of their life," the petition said.

 

On the advice of their friends and relatives, they mutually decided to end all disputes between them, the petition said.

 

Hamid and Peerzada also agreed not to pursue the criminal action any further and decided to withdraw the FIR. They said they were fully satisfied and believed in the genuineness and sincerity of the regret expressed by Pomersbach.

 

They have also agreed not to make any statement, written or verbal that defamed or in any way criticised personal reputation of one another.

 


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