Supreme Court - Daily Orders
Naveen Sharma vs The State Of Rajasthan on 11 May, 2022
Bench: Sanjay Kishan Kaul, M.M. Sundresh
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal Nos.1341-1343/2019
NAVEEN SHARMA Appellant(s)
VERSUS
THE STATE OF RAJASTHAN & ORS. Respondent(s)
O R D E R
The terms of settlement has been placed on record finally. Learned counsel for the appellant states that the original settlement has been filed and a copy has been placed on the file before us.
An affidavit has been filed, affirmed on 19.4.2022, recording that by the Orders dated 02.4.2015 and 16.4.2015 of the Competent Court in Canada, the sole custody of Master Pranav Sharma had been granted to the appellant. The proceedings in the Courts in India took place thereafter and vide Order dated 15.9.2021 the Courts in India had determined that it would be in the best interest of Master Pranav that he remains with the respondent-mother in Ajmer, India till Grade 10 and upon entering Grade 11 would be shifted to the USA. The affidavit affirms that for facilitating the custody and Signature Not Verified visitation rights of both the parents, a retired Judge of Digitally signed by RASHMI DHYANI Date: 2022.05.12 17:14:11 IST Reason: Supreme Court was appointed as learned facilitator and in the 1 process of discussions, a settlement was reached wherein an agreement in terms whereof these two orders passed by the Superior Court of Justice, Hamilton Ontario being file No.3173/2014 was prayed to be set aside. The appellant has agreed that the respondent-wife shall move the necessary motion to mirror the Orders to be passed by the Supreme Court of India at her own costs and that the appellant will give no objection to the same so that there is no impediment for the Order of the Supreme Court of India to be mirrored in the Courts in Canada.
We now turn to the terms of settlement which after recording what has transpired in the High Court and held before this Court sets forth the terms of settlement in paragraph 3. In terms of the same, as stated aforesaid, that the orders passed by the Family Court, Ontario, Canada as well as by the High Court of Rajasthan at Jaipur would stand superseded by the Orders passed by this Court and shall be replaced by the terms and conditions of settlement agreed upon which are enumerated in paragraph A to T. We have perused the terms and conditions of the settlement which are duly signed by the parties and notarized. We see no impediment in accepting the terms of the settlement and accordingly accord our acceptance to the terms of settlement which form a part of the order of this Court. 2 Learned senior counsel for respondent No.2 submits that as per her instructions, the application in the Court in Ontario for the Order of this Court to be mirrored can be filed by the next Wednesday but on the first date to be fixed by the Court, the appellant will have to remain present. This is in view of his previous stand when the endeavor was made to mirror the order. She also prays that the child can be put on the flight (at present booked for first of June) on the very next day after the order is mirrored so that respondent No.2 feels assured.
On the other hand, learned counsel for the appellant submits that insofar as appearance before the Court at Ontario is concerned, the appellant would appear at whatever date is fixed and abide by the orders passed by this Court, which is by consent of parties of their own free will and volition. As a prelude to that, for signing the documents to be prepared by their lawyers for the respondent No.2, he will make himself available to sign those papers so that they can be presented before the Court on next Wednesday. As far as listing is concerned, that is not in the hands of either of the parties and it is for them to make an endeavor to persuade the learned Judge for an early listing as may be deemed appropriate by the learned Judge. Needless to say the appellant will cooperate with the same.
3 In order to facilitate the aforesaid process, the decree in this case be prepared urgently and certified copy of the same be handed over to the parties by 14 th May, 2022 (Saturday).
Concern of the learned senior counsel for the appellant is that if we direct that the child should not travel before the order is mirrored, as there is no certainty of the date when it will be fixed and say it is after couple of weeks, the time period of summer vacations in which the child can meet the appellant will be lost. He also submits that even on the last date when there was no mirroring of order, the child went and came back. Security has already been furnished in this behalf in the Court by the appellant.
We are of the view that parties will make every endeavor to see that mirroring of the order can be obtained by first of June, 2022 but we are not inclined to keep the period of visit of the child to the appellant at bay, awaiting the order of mirroring, in view of what has been accepted by the appellant as before in view of his previous conduct of returning the child back and the security provided to this Court.
We appreciate the cooperation of the learned counsel for the parties in bringing the settlement into force and the role played by Mr. Justice (Retd.) Kurian Joseph, learned facilitator to assist the parties in arriving at a settlement. 4 The fee of the learned facilitator should be paid in full within a week from today.
Criminal appeals stand disposed of in terms aforesaid of the settlement.
Liberty to parties to mention in case of difficulty.
……………………………………………………J. [SANJAY KISHAN KAUL] ……………………………………………………J. [ M.M. SUNDRESH] NEW DELHI;
MAY 11th, 2022.
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ITEM NO.1 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal Nos.1341-1343/2019 NAVEEN SHARMA Appellant(s) VERSUS THE STATE OF RAJASTHAN & ORS. Respondent(s) ([ PART HEARD BY : HON'BLE SANJAY KISHAN KAUL AND HON'BLE M.M. SUNDRESH,JJ.[FOR DIRECTIONS] ) Date : 11-05-2022 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Mr. Prabhjit Jauhar, Adv.
Mr. S. S. Jauhar, AOR For Respondent(s) Ms. Meenakshi Arora, Sr. Adv.
Mr. Amit Pawan, AOR Mr. Anand Nandan, Adv.
Mr. Hassan Zubair Waris, Adv.
Ms. Shivangi Adv.
Mr. Suchit Singh Rawat, Adv.
Mr. Aakarsh, Adv.
Dr. Manish Singhvi, Sr. Adv.
Mr. Arpit Parkash, Adv.
Mr. Milind Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Criminal appeals stand disposed of in terms of the signed order.
Pending application(s), if any, stands disposed of.
(RASHMI DHYANI) (POONAM VAID)
COURT MASTER COURT MASTER
(Signed order is placed on the file)
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