Dismissing opposition by the prosecution, the Delhi High Court has quashed the molestation-cum-assault case against Australian cricketer Luke Pomersbach, lodged by American citizen Zohal Hamid and her fiancé Sahil Peerzada, and allowed the IPL player to return home. On Thursday, the three filed a joint petition seeking quashing of the First Information Report lodged by Zohal against the player with the police on May 18.
On being queried by the court on Friday, the cricketer expressed regret over the incident. “It just happened and one thing led to another,” he said. Justice M.L. Mehta then quashed the FIR without awarding Zohal and her fiancé any punishment.
Earlier, Rajiv Nayar, counsel for the complainants, began his submission saying, “There is a happy resolution to the controversy.”
Thereafter, Justice Mehta called the names of the three petitioners, one by one to ensure their presence and know the consent of each of them to a compromise. All of them said they had agreed to the compromise.
Counsel for the prosecution said the complainants had misused the process of law by lodging the FIR, opposing bail to the accused, giving interviews to news channels about the crime committed against Zohal and showing them the injury her fiancé had suffered in the left ear and suddenly coming to the court now for the quashing of the FIR.
Counsel argued that the modesty of a woman had been outraged and she kept crying for justice for three days. The police had to visit Mumbai to record the statement of a witness.
When he sensed that the court's mood was in favour of quashing the FIR, counsel pleaded for imposition of heavy costs on the complainants. But the court did not entertain his plea. It also ordered the trial court to release Pomersbach's passport, at the request of his lawyer.
While granting the cricketer bail, the trial court asked him to surrender his passport.
