"Khobragade's motion to dismiss the indictment on the ground of diplomatic immunity is granted. Khobragade's conditions of bail are terminated, and her bond is exonerated. It is ordered that any open arrest warrants based on this indictment must be vacated," Scheindlin said in the order capping months of diplomatic tensions between US and India. Khobragade is a mother to two girls who are in the US now along with her husband. "On January 9, immediately following the return of the indictment, Khobragade appeared before the court through counsel and moved to dismiss the case. Because the court lacked jurisdiction over her at that time, and at the time the indictment was returned, the motion must be granted," the judge said ordering that the motion and the case be closed. Bharara's office had argued that Khobragade was not immune from her December 12 arrest on charges of visa fraud and making false statements about the visa application of Richard.
Bharara had said that the indictment should not be dismissed since Khobragade did not employ Richard in her capacity as Deputy Consul General and so does not enjoy immunity from prosecution for the "crimes" for which she was arrested in December. Khobragade's lawyer Daniel Arshack welcomed the ruling and said any decision to re-indict her might well be viewed as an "aggressive and unnecessary act". (PTI)