US citizen Zohal Hamid, who had accused Royal Challengers Bangalore’s (RCB) Luke Pomersbach of molestation and beating up her fiancé, moved the Delhi High Court on Thursday, seeking quashing of the FIR against the cricketer. The three had arrived at an out-of-court settlement late last night.
In a joint petition filed before the court, Hamid, her fiancé Sahil Peerzada, and Pomersbach termed the incident “unfortunate”.
Justice ML Mehta of the court will hear the plea for quashing the FIR against Pomersbach on Friday.
Even as the parties reached a settlement, the stand of the police and the court remains a suspense as Section 354 of the IPC (outraging the modesty of a women), under which Pomersbach has been charged is ‘non-compoundable’, which means it cannot be compromised without the permission of the court.
“On the advise of friends and relatives, we (Hamid and Pomersbach) have amicably settled the dispute. We do not wish to pursue the criminal proceeding and wish to withdraw it. I believe in the genuineness and sincerity of regret expressed by Pomersbach that was duly conveyed to me and Sahil,” Hamid said. Pomersbach was arrested on May 18 and granted bail by a Delhi court.
“All petitioners are of young age and have a long life ahead of them. They don’t wish to blemish each other and want to end this unfortunate episode,” said the petition, adding, “Since no purpose will be served in prosecuting Pomersbach and proceeding with the trial, the FIR registered in the case may be quashed.”
The three have also agreed not to make any statement, written or verbal, which would defame or, in any way, criticise each other’s reputation.
The court, after going through the CCTV footage of the incident provided by the police, said no charge of “house trespass or wrongful restraint” was 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.