HC quashes FIR against Luke Pomersbach
26 May 2012 3:07 PM IST
Accepting their plea that they have settled the dispute, Delhi High Court on Friday quashed the FIR filed by US citizen Zohal Hamid against Australian cricketer Luke Pomersbach alleging he had molested her.
Justice M L Mehta quashed the FIR and the criminal proceedings arising out of it after recording the statement of Hamid, who told the court that she would not like to pursue the case anymore, her fiance Sahil Peerzada and the accused Luke Pomersbach, who was in the Royal Challengers team in IPL.
'Since they resolved the dispute and wanted to go back to their respective countries, I quash the FIR,' Justice Mehta said after Pomersbach and Hamid told the court that they would like to leave for their home countries tonight.
Hamid had on Thursday moved the high court jointly with her fiance Peerzada and Pomersbach for quashing of the criminal case, lodged against the cricketer for molesting her and hitting her fiance on 18 May.
Appearing for the petitioners senior counsel, Rajiv Nayyar submitted that the dispute is now settled and all of them expressed regret over what has happened.
The court also rejected the state's argument that the FIR should not be quashed looking into the gravity and seriousness of the offence.
Delhi Government's standing counsel (criminal) Pawan Sharma argued that the complainant is a foreigner and we Indians treat foreigners as our guest.
'India is called 'Dev Bhoomi' and any crime against a woman especially a foreigner here should not be allowed to be settled,' the lawyer said adding that she had cried in public and the complainant also had opposed the bail plea of accused before the trial court.
The government lawyer said this court should not entertain the plea as it is misuse of our system and added that the accused person deserved to be tried.
Justice M L Mehta quashed the FIR and the criminal proceedings arising out of it after recording the statement of Hamid, who told the court that she would not like to pursue the case anymore, her fiance Sahil Peerzada and the accused Luke Pomersbach, who was in the Royal Challengers team in IPL.
'Since they resolved the dispute and wanted to go back to their respective countries, I quash the FIR,' Justice Mehta said after Pomersbach and Hamid told the court that they would like to leave for their home countries tonight.
Hamid had on Thursday moved the high court jointly with her fiance Peerzada and Pomersbach for quashing of the criminal case, lodged against the cricketer for molesting her and hitting her fiance on 18 May.
Appearing for the petitioners senior counsel, Rajiv Nayyar submitted that the dispute is now settled and all of them expressed regret over what has happened.
The court also rejected the state's argument that the FIR should not be quashed looking into the gravity and seriousness of the offence.
Delhi Government's standing counsel (criminal) Pawan Sharma argued that the complainant is a foreigner and we Indians treat foreigners as our guest.
'India is called 'Dev Bhoomi' and any crime against a woman especially a foreigner here should not be allowed to be settled,' the lawyer said adding that she had cried in public and the complainant also had opposed the bail plea of accused before the trial court.
The government lawyer said this court should not entertain the plea as it is misuse of our system and added that the accused person deserved to be tried.
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