“Let it be a happy ending… Since they resolved the dispute and want to go back to their countries, I quash the FIR,” Justice Mehta said.
When questioned by the judge, both Pomersbach and Hamid said they wanted to fly back their respective countries after “putting an end to all the controversies”. The judge also asked Peerzada about his ear injury to which the former model said, “It's much better but still in plaster”.
Police oppose plea
Delhi Police sprang a surprise when its standing counsel Pawan Sharma stiffly opposed the court’s move, saying: “It is not in the interest of justice to play with courts… The victim cried for four days in trial court, went to women’s commission… India is called Dev Bhoomi and a person who molests a woman cannot be let go scot-free even it happened between foreigners".
But the court went by the argument of senior counsel Rajiv Nayyar, who appeared for the trio, that courts quash FIRs in “even non-compoundable dowry harassment cases settled after years of proceedings”.
The court went through the CCTV footage of the incident and said no charge of “house trespass or wrongful restraint” could be made against Pomersbach. Since the other sections, including causing hurt and trying to outrage the modesty of a woman are bailable, the cricketer walked free.