482 Petition NEW Circulated 11122024_opt

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• IN THE HIGH COURT OF DELHI AT NEW DELHI


Case Type

CRL.MC
I I I I I I I
Number

I I I I I I
Year

I 2024
I I I I


OF

IN THE MATTER OF:-


TARUN GARG
NAME
I I I I I I I I I I I I I I I I I I I I I I I I ……PLAINTIFF /
PETITIONER
VS
STATE OF NCT OF DELHI AND OTHRS
NAME
I I I I I I I I I I I I I I I I I I I I I I I I ….DEFENDANT /
RESPONDENT

1 (a) Case Category


I I I I I· ITJ
(b) Case Category
I I I I I· ITJ
2 Date of Impugned order [IJ/[IJ/11111
3 (a) Similar Matter
Case Type / Number ICRLI I MCI NO
I I I 7229
I I I I I I OF
I 2024
I I I I
4 Statute Involved
ICRPC
I I SECTION
I I I I I 482
I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I I I I I I I I I I I
Criminal Matters - Code 100 to 105
569 2023
FIR No. I I I I 1/1 I I I I
FIR Date
ITJ /ITJ /~I 1~1 ~I I
24/08/2023
Police Station OKHLA INDUSTRIAL AREA
I I I I I I I I I I I I I I I I I I I I I I I I I
Service Matters - Code 500 to 505
Department / Authority /
Organization etc. I I I I I I I I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I I I I I I I I I I I
Motors Accident Claim Matters - Code 600
Insurance Company
I I I I I I I I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I I I I I I I I I I I

ID/547/2003
I I I I I I I I

Lawyers Code


IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRL.M.C. No.------------------ of 2024

IN THE MATTER OF:

TARUN GARG ----- PETITIONER

VERSUS

THE STATE OF NCT DELHI & ORS. -----RESPONDENTS


Thru SHO Okhla Ind Area PS ND.
INDEX

Sr. No Particulars Page No

1. Court Fee 1

2. Notice of Motion 2

3. Urgent Application 3

4. Memo of Parties 4-6

5. Synopsis and List of Dates. 7-9

6. Petition under SEction 482 Crpc alongwith Affidavit 10-17

7. Affidavit of Respondent No. 2-10 18-35

8. Copy of FIR along with Typed Copy. ANNEXURE A 36-43


colly

9. Copy of Chargesheet along with typed Copy 44-73


ANNEXURE B colly.

10. Case papers of proceedings before Labour 74-157


Commissioner with Reg to Respondent No 2-5
ANNEXURE “C” Colly.

11. Case papers of proceedings before Labour 158-176


Commissioner with Reg to Respondent No 6
ANNEXURE “D”.

12. Copy of order dated 04/10/2024 passed in Crl MC 177-178


7229/2024. ANNEXURE “E”

13. Copy of ID Proof of Petitioner and Respondent 179-190


No.2-10. ANNEXURE “F”

13. Vakalatnama 191

14. Proof of Service 192-195

Petitioner
thru

Ajeet Shukla(D/547/2003)
Advocate
12, Maitri Apartments
Mayur Vihar, Phase-1
New Delhi-110091.
#9560667741
email:-rashtra10@gmail.com
Place:- New Delhi
Date:-07/12/2024
1
12/6/24, 4:34 PM PrintWindow

:: Online Payment Acknowledgement

Online Reference No DLOCF11982721773411224162852


Location DELHI
Court Fee UIN DLCT0648L2432Q394
Payment Mode CARD
Amount 250
Bank Name -
Payment Reference pay_PTroFACnhx60wF
Payment Status Transaction Success
T h is is n o t a Co u r t F e e Re ce ip t , it is ju st a Pa ym e n t Ac kn o wle d g e m e n t .

This is a system generated receipt.

1/1
2
IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRL.M.C. No.------------------ of 2024

IN THE MATTER OF:

TARUN GARG ----- PETITIONER

VERSUS

THE STATE OF NCT DELHI & ORS. -----RESPONDENTS


Thu SHO Okhla Indl Area PS ND
NOTICE OF MOTION

The Standing Counsel

The State NCT of Delhi

Sir,

The enclosed application in the aforesaid matter as being filed and is


likely to be listed on 16.12 .2024 or any date, thereafter. Please take
notice accordingly.

Petitioner
thru

Ajeet Shukla(D/547/2003)
Advocate
12, Maitri Apartments
Mayur Vihar, Phase-1
New Delhi-110091.
#9560667741
email:-rashtra10@gmail.com
Place:- New Delhi
Date:- 07/12/2024
3
IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI

CRL.M.C. No.------------------ of 2024

IN THE MATTER OF:

TARUN GARG ----- PETITIONER

VERSUS

THE STATE OF NCT DELHI & ORS. -----RESPONDENTS


Thru SHO Okhla Indl Area PS.
TO,

THE REGISTRAR, HIGH

COURT OF DELHI, NEW DELHI

URGENT APPLICATION

Sir,

Kindly treat the enclosed petition as an urgent one according to High

Court rules and orders as the matter is settled among the parties.

Petitioner
thru

Ajeet Shukla(D/547/2003)
Advocate
12, Maitri Apartments
Mayur Vihar, Phase-1
New Delhi-110091.
#9560667741
email:-rashtra10@gmail.com
Place:- New Delhi
Date:- 07/12/2024
4

IN THE HON’BLE HIGH COURT OF DELHI, AT NEW DELHI

CRL.M.C. No.------------------ of 2024

IN THE MATTER OF:

TARUN GARG ----- PETITIONER

VERSUS

THE STATE OF NCT DELHI & ORS. -----RESPONDENTS


Thru SHO Okhla Indl Area PS, ND.
FIR NO. 0569/2023
U/S 288/337/304-A IPC,
P.S. OKHLA INDUSTRIAL AREA, NEW DELHI.

MEMO OF PARTIES
TARUN GARG,
AGED ABOUT 43 YEARS,
S/O SH. JAGDISH CHAND GARG
R/O A-1/40, SECOND FLOOR
PANCHSHEEL ENCLAVE,
NEW DELHI- 110017. PETITIONER
VERSUS
1. THE STATE THROUGH GOVT.
OF NCT OF DELHI

2. SMT. RUKMANI DEVI,


AGED ABOUT 43 YEARS,
W/O LATE SH. MANTU SARKAR
R/O H. NO. F- 105 SANJAY COLONY
OKHLA, PHASE -2, NEW DELHI
OKHLA INDUSTRIAL ESTATE SOUTH
DELHI. DELHI –110020.
5
3. SUNITA DEVI
AGED ABOUT 41 YEARS
W/O SH. VINOD SAH
R/O GRAM KATHNI. POST
BICHCHHICHNCHAR, THANA TETIA
BAMBER KATHNI, MUNGER
BICHCHHICHANCHAR,BIHAR- 8112113.

4. VINOD SAH,
S/O GOVIND SAH
AGED ABOUT 40YEARS,
R/O GRAM KATHNI. POST
BICHCHHICHNCHAR, THANA TETIA
BAMBER KATHNI, MUNGER
BICHCHHICHANCHAR,BIHAR- 8112113.

5 NITISH KUMAR
AGED ABOUT 35 YEARS
S/O. SH. ANIL KUMAR SAH
R/O GANILI, POST MAHODIH,
VIA TAR4APUR, MUNGER,
BIHAR – 813221.

6 GULSHAN, AGED ABOUT 35 YEARS


S/O SH. NAND KISHORE,
R/O F-132, SANJAY COLONY, OKHLA PHASE – II,
NEW DELHI, DELHI- 110020.

7 JALDHAR, AGED ABOUT 47 YEARS.


S/O SH. SUKHDEV SING
R/O F-250, BLOCK F, JANTA JEEVAN CAMP.
OKHLA PHASE 2 OKHLA INDUSTRIAL ESTATE
S.O. SOUTH DELHI, DELHI- 110020.

8 ARUN KUMAR, AGED ABOUT 31 YEARS,


S/O. SH. TINAKLAL
R/O GRAM GOKHULCHAK, DHAURI, MUNGER,
BIHAR – 811213.

9 DEVENDRA KUMAR, AGED ABOUT 34 YEARS,


6
S/O SH. RAM BILASH PRASAD,
R/O VILL. DHOURI POST HARPUR, TARAPUR
MUNGER, HARPUR, MUNGER, TARAPUR
BIHAR – 813321.

10. NIRMAL
AGED ABOUT 32 YEARS,
S/O SH. JITENDER PRASAD
R/O F- 28/4, RAJIV COLONY, JJR CAMP, NEW DELHI.

Petitioner
thru

Ajeet Shukla(D/547/2003)
Advocate
12, Maitri Apartments
Mayur Vihar, Phase-1
New Delhi-110091.
#9560667741
email:-rashtra10@gmail.com
Place:- New Delhi
Date:- 07/12/2024
7
IN THE HIGH COURT OF DELHI, AT NEW DELHI

CRL.M.C. No.------------------ of 2024

IN THE MATTER OF:

TARUN GARG ----- PETITIONER

VERSUS

THE STATE OF NCT DELHI & ORS. -----RESPONDENTS


Thru SHO Okhla Indl Area PS. ND.

SYNPOSIS AND LIST OF DATED AND EVENT

FIR NO. 0569/2023, U/S 288/337/304-A IPC, P.S. Okhla Industrial Area,

New Delhi was registered against the Petitioner. Now the charge sheet

has Been filed by the police in the present case and Summons issued.

The matter is settled among the parties by way of Written Agreement

between Respondent No.2 to 5 and by way of Oral Agreement to be

discharged at the time of Quashing between Respondent No. 6 to 10.

LIST OF DATES AND EVENT

Date Event

24.08.2023 Accident occurs at the site of the Petitioner at 98/3, Okhla

Phase II, New Delhi

24.08.2023 FIR No 569/2023 , PS, Okhla Industrial Area, New Delhi is


8
registered against the Petitioner u/s 288/337/ 304-A IPC since

there were 2 Casualties and 6 Person were reported as injured.

March, 2024 ChargeSheet is filed by the Police. Cognizance and sumouning

is done by Ld. Trial Court and now matter is fixed for further

proceedings on 25th Feb 2025.

23/07/2024 Vide order dated 23rd July 2024, Settlement Agreement was

acknowledged and Claim petition were disposed off by Labour

Commissioner under Employee Compensation Act, 1925

between Respondent No. 2-5.

July 2024. Oral Settlement arrived at between Petitioner and Respondent

No. 6 to 10 to be acted upon at the time of Quashing of the

FIR.

04/10/2024 Crl MC No. 7229 of 2024 filed by the Petitioner praying for

Quashing of the present FIR was allowed to be withdrawn by

this Hon’ble Court.

Since the matter is settled between the aggrieved/ victims and

the Petitioner, present Petition is preferred before this Hon'ble

Court seeking quashing of FIR and Consequential proceedings


9
in view of the Settlement.

Petitioner
thru

Ajeet Shukla(D/547/2003)
Advocate
12, Maitri Apartments
Mayur Vihar, Phase-1
New Delhi-110091.
#9560667741
email:-rashtra10@gmail.com
Place:- New Delhi
Date:- 07/12/2024
10
IN THE HON'BLE HIGH COURT OF DELHI, AT
NEW DELHI.

CRL. M.C. No. OF 2024

IN THE MATTER OF:

TARUN GARG. ..PETITIONER

VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS


Thru SHO Okhla Indl Area PS.
2nd PETITION UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 (Section 528 BNSS, 2023) (
FOR QUASHING OF THE FIR N0.0569/2023 U/S
288/337/304-A IPC, P.S. OKHLA INDUSTRIAL AREA, NEW
DELHI AND ITS CONSEQUENTIAL PROCEEDINGS
PENDING BEFORE THE LEARNED MM (JM), SOUTH
EAST-2, SAKET COURT, DELHI, IN THE CASE TITLE
AS "STATE VS. TARUN GARG”.

To,
THE CHIEF JUSTICE
AND HIS COMPANION JUSTICE OF THE HON'BLE HIGH
COURT OF DELHI AT NEW DELHI
MOST RESPECTFULLY SHOWETH:

1. That the petitioner has preferred the present petition U/s 482 of Code of

Criminal Procedure, 1973 for the quashing of the above said FIR

No.0569/2023 U/s 288/337/304-A IPC, P.S. Okhla Industrial Area, New

Delhi as the matter is compromised between Petitioner and the

Respondents who are among the vitally affected Victim in the unfortunate

incident leading to filing of present FIR and the consequential proceedings.

The unfortunate Accident happened despite every precaution and was an

Act of God which could not have been avoided .


2.
11
That the brief facts of the case are:-:

A. That the P e t i t i o n e r i s a n O w n e r o f P r e m i s e s 98/3 Okhla phase-II

and had got requisite permissions for Construction from Municipal Authorities.

On 24/08/2023 at 4.45 PM, when it was raining heavily, the Basement Wall

caved in, resulting in Collapse of the superstructure resulting in burying of

Construction Workers. Unfortunately, by the time the buried Workers could be

rescued and taken to Hospital, 2 Construction Workers were declared brought

Dead by the Hospital and allegedly 6 Workers reported to have minor injuries

who were discharged after treatment. On inquest and General Diary reporting

of Ld IO, FIR No. 0569/2023 U/S 288/337/304-A IPC, P.S. Okhla Industrial

Area, New Delhi was registered against petitioner. The copy of the FIR,

alongwith t r a n s l a t e d copy i n English is Annexed h e r e w i t h as

ANNEXURE “A”.

B. That o n c o n c l u s i o n o f t h e I n v e s t i g a t i o n , P o l i c e

h a d f i l e d C h a r g e s h e e t b e f o r e t h e concerned Court which

has taken cognizance and summoned the Petitioner and matter is now

fixed for further proceedings on 19.02.2025. Copy of the final report

alongwith translated copy is annexed as ANNEXURE“B”..

C. That d u r i n g t h e p e n d e n c y o f I n v e s t i g a t i o n , t h e L e g a l H e i r s

o f t h e D e c e a s e d V i c t i m s b e i n g R e s p o n d e n t N o . 2-4 herein

h a d p r e f e r r e d a C l a i m b e f o r e the Labour Commissioner, under

Employee Compensation Act, Kalkaji, New Delhi, against the

petitioner and during the pendency of the sai d case the matter

was settled among the parties and petitioner and respondent

no. 2-4 being Legal Heirs of the Deceased Victim . The copy of
12
Petition filed alongwith Orders passed thereon are annexed herewith as

ANNEXURE “C” Colly..

D. That similarly as Para C above, Respondent No. 5 , the Victim who

allegedly suffered injuries had also p r e f e r r e d a C l a i m b e f o r e the

Labour Commissioner, under Employee Compensation Act, Kalkaji,

New Delhi, against the petitioner and during the pendency of the

sai d case the matter was settled among the parties and

petitioner and Respondent no. 5 . The copy of Petition filed

alongwith Orders passed thereon are annexed herewith as ANNEXURE

“D” Colly.

E. The Petitioner had preferred a Petition seeking quashing of the instant

Petition being Crl. M.C. No. 7229 of 2024 which was withdrawn

without prejudice to the rights and contention of the petitioner vide

order dated October, 04 2024. Copy of the order dated 4th October

2024 is annexed herewith as ANNEXURE “E”.

3. GROUNDS:

1. Because the parties to the petition reached to an amicable

settlement, as per the settlement the petitioner already paid total

amount of Rs.11,54,000/ (Rupees Eleven Lakhs fifty Four

thousand Only) to the respondent no.2 along with other legal

heirs, as full and final settlement of all her claims past, present

and future arising out of the death of the husband of the

respondent no.2 which mentioned in the settlement dated

24.07.2024.
13
2. Because· the parties to the petition reached to an amicable

settlement, as per the settlement the petitioner already paid total

amount of Rs.17,03,000/ (Rupees seventeen Lakhs Three

thousand Only) to the respondent no.3 to 4, as ful I and final

settlement of all her claims past, present and future arising out of

the death of the son of the respondent no.3 to 4 which mentioned in

the settlement dated 24.07.2024. . ·

3. Because the parties to the petition reached to an amicable

settlement, as per the settlement the petitioner already paid total

amount of Rs:2,00,000/ (Rupees Two Lakhs Only) to the

respondent no.5, as full and final settlement of all her claims past,

present and future arising out of the injury of the of the

respondent no.5 which mentioned 111 the settlement dated

24.07.2024.

4. Because a settled amount has already been paid at the time of

recording of statement before the Commissioner Employee

Compensation Act Delhi.

5. Because as per settlement the legal heirs/respondent no.2 to 4 &

injured i.e. respondent no.5 and_ injured/respondent i.e. 6-10

shall cooperate in quashing petition by giving her statement/

affidavit before Hon'ble High court in FIR NO. 0569/2023, u/s

288/337/304-A IPC P.S. Okhla Industrial Area, New Delhi.

6. Because the the FIR no. 0569/2023 & Legal Heir of

the deceased i.e. the respondent no.2 to 4 & injured i.e.

respondent no.5 and other injured/respondent i.e.6 to 10. of the


14
present petition have settled all her grievances and claims with the

petitioner and does not want to pursue the matter anymore.

7. Because no purpose will be solved in keeping the said FIR alive

as the parties have no grievances with each other and the said

FIR is standing in the way of the peaceful settlement of the

respective lives of the petitioners and the respondent no.2 and

also on this ground the case FIR and consequential proceedings are

liable to be quashed.

8. Because the respondent no. 2 to 10 has undertaken that no

grievances are left against the petitioner and the respondent no.2 to

10 has no objection if the FIR No. 0569/2023 be quashed.

9. Because there is no impediment under law to quash the FIR no.

0569/2023 and to allow the present petition.

10. Because no dispute is left between the parties and no purpose

would be served by continuing with the trial of the FIR.

11. Because the parties have amicably settled their dispute

voluntarily, without any pressure, coercion or undue influence

from any corner.

12. That this Hon'ble court has inherent power to quash the aforesaid

FIR No. 0569/2023 U/s 288/337/304-A IPC, PS. Okhla Industrial

Area, New Delhi.

Non filing statement.

Petitioner had not filed any other petition except as mentioned in this

Petition before any other court. That the petitioners have filed

only Petition mentioned in Para 2 (E) above which has been disposed

off in terms of Annexure E.


15
PRAYER

It is, therefore, most respectfully prayed that this Hon'ble

court may kindly be pleased to quash FIR No. 0569/2023, U/s

288/337 /304-A IPC, registered at PS. Okhla Industrial Arca,

New Delhi. and its consequential proceeding pending in sate vs

Tarun Garg, in the in tercst of justice.

Petitioner
thru

Ajeet Shukla(D/547/2003)
Advocate
12, Maitri Apartments
Mayur Vihar, Phase-1
New Delhi-110091.
#9560667741
email:-rashtra10@gmail.com
Place:- New Delhi
Date:- 07/12/2024
16
16
IN THE HIGH COURT OF DELHI, AT
NEW DELHI

CRLM.C.No of2024

IN THE MATTER OF:

Tarun Garg
Petitioner

Versus

The State ofNCT Of DELHI Respondent

AFFIDAVIT

I, Tarun Garg, S/o Sh Jagdish Chand, aged about 43 years,


having office at 98/3, Okhla Industrial Area New Delhi-110020,
do hereby solemnly affirm and declare as under:

1. That deponent is the Petitioner in the above mentioned

\ Petition and am well conversant with the facts and


circumstances of the case, hence competent to swear
this Affidavit.
2. That the accompanying Petition has been drafted by the
Counsel on my instruction and the facts narrated in
Petition are true to my knowledge derived from the
records of the case maintained by the Petitioner.

3. That the Annexures annexed to this Petition are true copies


of their respective originals.

h
/(~
DEPONENT
17
17
VERIFICATION:

Verified at on this
~J
the
,DEC 2024
day of
November, 2024 that the contents of the above Affidavit are true
and correct to the best of my knowledge and belief and nothing
material has been concealed therefrom.
/'"'
-<~
DEPONENT

ATTFn:D

- NOTAr~
DELHl(INDW
. L:. 7 ,D£c 2024
R~~J. t!o ~ .. ~ c:. .. t;~.I.J.,/ tj
r~-:;e v ,;,. / _ 1

I
I
18
IN THE HON'BLE HIGH COURT OF DELID, AT
NEWDELID.
CRL. M.C. No. OF2024

IN THE MA TT.ER OF:


TARUNGARG · .. PETITIONER
VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS

AFFIDAVIT

I, RUKMANI DEVI W/0 LATE SH. MANTU SARKAR AGED ABOUT 43

YEARS, RIO F-105, SANJAY COLONY OKHLA PHASE-II NEW

DELHI OKHLA INDUSTRIAL ESTA TE ,SOUTH DELHI, DELHl-110020, do

hereby solemnly affirm and declare as under:-

1. That the deponent is respondent no.Z and mother/ AR/Guardian of the

other legal heirs namely Kranti kumari, master Santosh, Master Suresh,

Master Anand in this petition. The deponent and other legal heirs are the

claimant/ legal heir of the deceased and fully conversant with the facts

and circumstances of this case. The deponent is competent to swear this

affidavit.

2. That the deponent/respondent no.2 and the petitioner amicably settled the

all dispute through settlement deed at Delhi without any force coercion

nt/other legal heirs already received Rs.11,54,000/- at


19
Compensation Act Delhi.

4. That the deponent has no objection if the present-FIR No.0569/2023 P.S-

Okhla Industrial Area, New Delhi is quashed by the Hon 'ble High Court

of Delhi.
~91Jtunm
DEPONENT
VERIFICATION:
I 4 AUG 2024 •

Verified at Delhi on this 11th day of July, 2024 that the contents of the above affidavit
are rue and correct to the best ofmy knowledge and belief and nothing material has

·, \\'\e oe9on
~~~~
ce
therein. ~ fJ }{-~~
, \oen~, ~
nas s,gned
,n rn~ ?tesen cf-.
DEPONENT
20
IN THE HON'BLE HIGH COURT OF DELHI, AT
NEWDELID.
CRL. M.C. No. OF 2024

IN THE MATTER OF:


TARUNGARG .. PETITIONER
VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS

AFFIDAVIT

I, SUNITA DEVI, W/0 SH. VINOD SAH AGED ABOUT 41 YEARS

RIO GRAM KATHNI, POST BICHCHHICHANCHAR, THANA TETIA

BAMBER KA THNI, MUNGER BICHCHHICHANCHAR,BIHAR-

811213, do hereby solemnly affirm and declare as under:-

1. That the deponent is the respondent no.3 in this petition. The deponent is

the claimant/ legal heir of the deceased and fully conversant with the facts

and circumstances of this case. The deponent is competent to swear this

affidavit.

2. That the deponent/respondent no.3 amicably settled the all dispute

through settlement deed at Delhi without. any force coercion or in the

presence of family member on dated 3rct July 2024.

3. that the deponent and respondent no.4 already received Rs.17,03,000/- at

the recording of the statement before the Commissioner Employee

I_ •• •·
21
4. That the deponent has no objection if the present FIR No.0569/2023 P.S-

Okhla Industrial Area, New Delhi is quashed by the Honble High Court

of Delhi.

VERIFICATION:
I 4 s.. t; tU24!

CERTIFIED 1i~
Shri!Smt.tt<m.... T THE DEPrnNENT
·I 4 ,liUG 2/ffl~S/o v\'/o Dlo ··
!@+ ,~······\· :.
··/~
..
'f t1~ntifi3d ~
I
· .. :._- · . ~- . ..
has S"' .- ,..,. I.
. •
• ..

, De/hie~'-···· J: , ·~·...J . ·_-_. ..


! that th~ c'" ....... ::· .. , ....... 1;
2'. ; l )' ) me at
been read CJnl~.11.; o_f the Afk.1c.v
correct to ~~gl~~~'t~n;~,~dig1i,·:1,,.,, c~
e.
);~
t,~~::~~
Oath Comm;s~elh;
22
IN THE HON'BLE ffiGH COURT OF DELHI, AT
NEW DELHI.

CRL. M.C. No . OF 2024

IN THE MATTER OF:

TARUNGARG .. PETITIONER
VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS

AFFIDAVIT

I, VINOD SAH AGED ABOUT 40 YEARS S/0 GOVIND SAH

RIO GRAM KA THNI, POST BICHCHHICHANCHAR, THANA

TETIA, BAMBER, KA THNI,MUNGER,BICHCHHICHANCHAR,

BIHAR-8 l 1213, do hereby

solemnly affirm and declare as under:-

1. That the deponent is respondent no.4 in this petition. The deponent

is the claimant/ legal heir of the deceased and fully conversant with

the facts and circumstances of this case. The deponent is competent

to swear this affidavit.

2. That the deponent/respondent no.4 and the petitioner amicably

settled the all dispute through settlement deed at Delhi without any

force coercion or inthe presence of family member on dated 3rd

July 2024.

3. That the deponent and respondent no.3 already received

before the
23
t-
4. That the deponent has no objection if the present FIR

No.0569/2023P.S- Okhla Industrial Area, New Delhi is quashed

by the Hon'ble High Court of Delhi.

VERIFICATION:

Verified at Delhi on this 11th day of July: 2024 that the contents of the

e affidavit are true and correct to the best of my knowledge and belief and
\ 'Nno ,
n\\.~ \~~ n .. ~?~13paterial has been conce~l<tf tf~~~'b LUl' r1 _ --
\ \M ·:··,.··,~r \\\ .
~-.~s.
J 11 { air
,
of j »:
rl ;z 7 ( c
'\.._,.
DEPONENT

fh~~l~f.)~~.~:.:~:..
,A ,., ~~.~.
S/o W/o 0/o
R/0............... . .. , · f'l A--~
tdentifled ~·.I· , •'/,_ . If v .. ~ .
has SC : ''YL / t:' : . . .! . ...; . ') L1C at
4 ~ U (pe!fflN1 - ~ '· h'" 1f.J .. n,..
' thalffi'0 Gor;/e:'..18 of tne .t.,ii:i.:i••·· ·. ····\~!ill:}\1e
been reed <ind expta'ned tn i"i ,'.jl,c, . .:~':! true end
correct to hal~/i10, :ff,OWl€dgG. ~

Oath Commissioner Oelh,


'
24
IN THE HON'BLEHIGHCOURT'OF DELHI, AT
NEW DELHI.

CRL. M.C. No . OF 2024

IN THE MATTER OF:

TARUNGARG .. PETITIONER

VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS

AFFIDAVIT
I, NITISH KUMAR AGED ABOUT 35 YEARS S/0 ANIL
KUMAR RIO GAN AILI POST MADHODIH, VIA TT ARAPUR,
DISTRICT MUNGER, BIHAR-813221 do hereby solemnly affirm
and declare as under:-
1. That the deponent is the respondent no.5 in this petition. The
deponent is the claimant/injured and fully conversant with the facts
and circumstances of this case. The deponent is competent to swear
this affidavit.
2. That the deponent/respondent no.5 and the petitioner amicably settled
the all dispute through settlement deed at Delhi without any force
coercion or in the presence of family member on dated 3rd July, 2024.
3. That the deponent has already received Rs.2,00,000/- at the recording
of the statement before the Commissioner Employee Compensation

Act Delhi.
4. That the deponent has no objection if the present FIR
No.0569/2023,P.S- Okhla Industrial Area, New Delhi is quashed by

the Hon'ble HighS Court of Delhi.



25
~p---'
DEPONENT
VERIFICATION:

I 4 AUG 2024
Verified at Delhi on this 11th day of July, 2024 that the contents of the

above affidavit are true and correct to the best of my knowledge and belief and

I4 AUG ZO?I

DEPONENT

E oEPONEN1
cERT\f\EO TH_~i ~~~--~-~J.\c~.".'.".".".".'.·.
s;.ritSmt.n<.m,~·-~
~, 0 \f'/o
~ . Q/o .. l·······,, ....
. . f-\· ~..... -··. . . ..... .---- ,.......
RIO,··:::":··· : ... ,F· · : ·. . . -:; \:~c·
i i!Y-~AA.t
ir;~-
:~n s~UL1111 I [: .: .- ~f, t'J,
:., .... • ·
A'''r\. •/.
l~' ·:. .... t
. · ..
~-:ni. on
···•· ......
.,"' f u1e 111' -
I
, ,,~· •• \·-
..

~!~"3t the conta!,,.)\~ined to r,im1r.,, , .. -


:.an read a~d,r:r
. r,·ect to his
knowledge~
. . Cl 1,,1.311'1·
.
o~tn comm1ss:or.
26
IN THE HON'BLE HIGH COURT OF DELID, AT
NEWDELID.

CRL. M.C. No .. OF 2024

IN THE MATTER OF:

TARUN GARG .. PETITIONER


VERSUS

THE STATENCT OF DELHI & ORS. ..RESPONDENTS

AFFIDAVIT

I, GULSHAN AGED ABOUT 36 YEARS S/0 NAND KISHOR

RIO F-132, Sanjay Colony, Okbla Phase-II New Delhi, do hereby solemnly
affirm and declare as under:-

1. That the deponent is the respondent no.6 in this petition. The deponent

is injured and fully conversant with the facts and circumstances of this

case. The deponent is competent to swear this affidavit.

2. That the deponent/respondent no.6 and the petitioner amicably settled

the all dispute through settlement deed at Delhi without any force

coercion or in the presence of family member on dated 3rct July 2024

3. That the deponent has no objection if the present FIR

DEPONENT
27

VERIFICATION:

Verified at Delhi on this 11th day of July 2024 that the contents of the above affidavit
are true and correct to the best of my knowledge and belief and nothing material has
been cone led therein .
..-,.-'ii::~m,:::;i ~~()
f\O~t~ e,t 1 4 AUG 2024 DEPONENT
~-h~ ,~~ ~iv ~f?,~e~
,~e(\ •' I .J \•: ~~ ~ f rf//t,) .r
c_,; - IJ
- -poNENl
cEH1\f\t::O
- 1u
n ~·.·:
········ .
"' - .... • /\(rn ... ....
,....... ··•···
....,,,,..,1·'1/Sfll•..
- I ······ ~........... . .. •.....
~,o V·!/o D o. . . .. ····· .
... tµ·"' \
Rio .. . . . . ' .. · ~ -
\0Elnt1,:~~ ··, 1 8·ii,, ,· ·-,:-; ;~.
.
. .,~. , 8..,
soi.am ·
.
.. ~··"" ·. · ·.
i on ....... ··:··--~1.ti1e p,,\'.'..lc:
• ·t°t·~-
·"rr ··c· rne a
o \ ,-l~. ':
,... \1~"-
. .: ,:· 0 e:iO
'l "e contains . d to 11·~11,.~· c..•
. \ 11 ~p\aine · ~
- 0n read a~ 0 ,ier knowledge.
rec\ to n1s . ·oner oein:
oatn c0rnrn1ss1
28
IN THE HON'BLE HIGH COURT OF DELID, AT
NEWDELID.

CRL. M.C. No .. OF 2024

\ IN THE MATTER OF:

TARUNGARG .. PETITIONER

VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS


AFFIDAVIT

I, JALDHAR AGED ABOUT 48 YEARS S/0 SH. SUKHDEV

SINGH RIO Block-F Janta Jeevan Camp, Okhla Phase-2, Okhla Industrial Area
Estate-S.O., South Delhi-110020, do hereby solemnly affirm and declare as
under:-

1. That the deponent is the respondent no. 7 in this petition. The deponent is

injured and fully conversant with the facts and circumstances of this case.

The deponent is competent to swear this affidavit.

2. That the deponent/respondent no.7 and the petitioner amicably settled the

all dispute through settlement deed at Delhi without any force coercion

or in the presence of family member on dated 3rd July, 2024

3. That the deponent has no objection if the present FIR No.0569/2023 P.S-

Okh1a Industrial Area, New Delhi is quashed by the Hon'ble High Court

DEPONENT

\ ..
29

VERIFICATION:

0
DEPONENT

Jcdol tt_o(Jy
r.:~' .p....QNEN1
£:.RT'\fH:.D I.'~
... ,.
~hri/Sdt.1K,rn, ·•· ·::.".'.'
i -
(\
=«:':
\ .. r::-.
S, O
W/o oro .. , ..
.... .
M.. •....,..
·'
····· ... ~ . ,.... . -~ \
.. . ...... , ,-,J1e
R/O,······
\ d en\ifi.20~. 1r..:..
has s0· ., .. ,.. .
J <,...
:..:::

•. '
·:',•
·
;:
.
-~·1·~,· e· .•.1
a

oell'li c,:1 ...... ·.~· ··,.,:0i


the A11·::.
t,Ma\·13 C,Q!',~•·" • \r':)eG t" \,t:.:H·~· .,.
.;; ,iue and
4 AUG te'e-n~reac:i .:.,:ti
rrect to 1·ns/'
~~tr"i:~~.;w1dgc. ~ 0 \tu
co oat\'I commissi net e
30
IN THE HON'BLE HIGHCOURT OF DELID, AT
NEWDELID.

CRL. M.C. No. OF 2024

IN THE MATTER OF:

TARUNGARG .. PETITIONER

VERSUS

THE STATE NCT OF DELID & ORS. ..RESPONDENTS


AFFIDAVIT

I, ARUN KUMAR AGED ABOUT 29 YEARS W/0 SH. TINAK

LAL R/0 Gram Gokhulchak Dhauri, Munger Bihar-811213, do hereby


solemnly affirm and declare as under: -

1. That the deponent is respondent no.8 in this petition. The deponent

is the injured and fully conversant with the facts and circumstances

ofthis case. The deponent is competent to swear this affidavit.

2. That the deponent/respondent no.8 and the petitioner amicably

settled the all dispute through settlement deed at Delhi without any

force coercion or in the presence of family member on dated 3rd

July 2024

3. That the deponent has no objection if the present FIR

No.0569/2023P.S- Okhla Industrial Area, New Delhi is quashed

by the Hon'ble High Court of Delhi.

DEPONENT
31
VERIFICATION:
J 4 .1u5 21124

Verified at Delhi on this 11th day of July, 2024 that the contents of the above
affidavit are true and correct to the best ofmy knowledge and belief and nothing
material has been concealed therein.
32
IN THE HON'BLE HIGH_ COURT OF DELHI, AT
NEW DELHI.

CRL. M.C. No. ----- OF 2024

IN THE MATTER OF:

TARUNGARG .. PETITIONER
VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS

AFFIDAVIT

I, DEVENDER AGED ABOUT 34 YEARS S/0 RAM VILASH

PRASAD RIO Vill Dhouri Post Harpur Tarapur Munger, Harpur Munger,
Tarapur Bihar-813321, do hereby solemnly affirm and declare as under:-

1. That the deponent is respondent no.9 in this petition. The deponent is

injured and fully conversant with the facts and circumstances of this

case. The deponent is competent to swear this affidavit.

2. That the deponent/respondent no.9 and the petitioner amicably settled

the all dispute through settlement deed at Delhi without any force

coercion or in the presence of family member on dated 3rd July, 2024

3. That the deponent has no objection if the present FIR

No.0569/2023P.S- Okhla Industrial Area, New Delhi is quashed by

the Hon'ble High Court of Delhi.


~®~J(
DEPONENT

.•
33

VERIFICATION:
I 4 ~UG Z01~
Verified at Delhi on this l lth , day of July, 2024 that the contents of the

above affidavit are true and correct to the best of my knowledge and belief and

nothing material has been concealed therein. ~k-~1c-


~~~ ' ·4 AUG 2024, ~
I Identify the Deponent who DEPONENT
has signed in my Presence

.-· TlFIEO T~~HE


\..J' -'
OEP ENl•••
s:.iliSnit./Km.....
S/o 'v\'/o 0/0
···
~···
.. '\,--"''""
\.i
. . . ..
':: ,,----
f>'
R/o......
Id E;1h.,
.. , ·. ' '.
.. .
. 3 . ..
• , ••e me at ,
,
-.ae..;s,·
.1
~-·
1
r'·

r :«: ·~.
·. .......
, ....

hu<Ul ··C:'1·02·,;\1.~· ·nofth::i,'\r,.J<!···


•· .
•d 0· L,,J
· ·.r1' r,1
· ·· J t··~· . .
, ·
li.
···~
·:
.nat the Con, ..... '1 . ad to
11:"'
1-i~n, , i'S true ar.c
heen road and exp am v ' -

:.,rract to his/her knowledge.a ./


oath com J~i( "
.. ,1ss1or.€~ De I'-\·
34
IN THE HON'BLE IDGH COURT OF DELHI, AT
NEWDELID.

CRL. M.C. No. OF 2024

IN THE MATTER OF:

TARUNGARG .. PETITIONER
VERSUS

THE STATE NCT OF DELHI & ORS. ..RESPONDENTS


AFFIDAVIT
I, NIRMAL AGED ABOUT 33 YEARS W/0 LATE SH.

JITENDER PRASAD RIO F-28/4 Rajiv Colony JJR Camp New Delhi,

do hereby solemnly affirm and declare as under:-

1. That the deponent is the respondent no. l O in this petition. The

deponent is the injured and fully conversant with the facts and

circumstances of this case. The deponent is competent to swear

this affidavit.

2. That the deponent/respondent no. l O and the petitioner amicably

settled the all dispute through settlement deed at Delhi without

any force coercion or in the presence of family member on dated

3rd July, 2024

3. That the deponent has no objection if the present FIR

No.0569/2023 P.S-

\
,)
DEPONENT
35

VERIFICATION
:

Verified at Delhi on this 11th

§)
4 Au G 2021 DEPONENT
C\ a
l o-t HC:i -_j-)J-JJ ~

c.;r .. n::it:D THAAT


THE i:..1..::~(.~i\lENl
: , :i/Srnt.Wm.... .. ~ ..
:°'·J ii'.'io Din ...• ,. .

~:.:.· ,
2U4'·.:. ·: «, r•
·;Pi'.r.. c--
·.:, ;.
t ~:::::::: :
u u,_.'c,· ;:.e),,-ile at
~ ;,! (J;1... . .. _ .. SI t,:r ~
, :· the ~:or:::~. in of the Air ,..; ~·~~
.cn read <lr.d explained t,) !:1,:., ....... J;u~an~
»ract to his/her knowledge. .J?--
.-.-i

Oath C'JmrnissionE-r Delh.


36 ANNEXURE "A" COLLY.

t'IK::.I INt'U
(Linder Section 154 Cr.P.C.)

U•Stl ict d:1,~1): SOUfll-1.As·r P.S.('ll"Fll): Ol(liLA Year(<Ttf): 2023 Fm No(iT.-q,.f'c-u.):0569 Date: 24/08/2023
(D[Li 11! INDUSTRIAi.
1\R[/I

2 Acl(i,i(rnlr:rl~Plll J: Section (s)(mli(i:i')J:

- ll'l i llb!.1 288/3J7/304A

3. Ocrn 1'1'e11ce of Offe nce (JllfffU <fit \17-0JT):

,(,1 D;;iy(l~'.'I): ·111U,{SDAY Date From(\?:<li<I\ ll): 24/08/2023 Date To(\?;-;-iiclHf<fl): 24/08/202:l
Ti 1111, Pt,r,·Hi (mni Time Frnru (llH<f ,t): 16:45 hrs Time To (ffll<T i'Ffi) 16:45 hrs
(b ln t ormation recetved ill P.S.U;f1:it ;;.rcri (iCj:11 m,, ~"t Datc(f~-iim); 24/08/2023 Time 23 ·30 :~rs
E..1tr·J No.(llf~ti! J.29/\ Date/Time 24/0812023 ?3 3,
'1. 1·ype ,1f '11il)rrn,1tio11 (,[_',T,'!T <ill Wrilren

S. Place of Occurrence (llc;.TT'Hl,~ ,:


(al Duecr+c n and Distance ;r, t.~ F.S (~T ·ij ·~tr <Jli"< N~rH--EAST, 2.4 Krrus) Seat No(iftc ~i.) : 07
(b) Acldress(llffr): ,9813 .Ol<HLA i'HASE-:1 ,NEW DEU·n, 110020

(c, 111 c.isc, Out s id e the limit of the Police s·;c1tioF ("lilt 2H1"T ,fan it; "1~( 6 ):
Nam,.· of P.S(~TFII 'l'il ;n11J: District(~c,1);
G Co111pl,1i11,11:t ! Informant (folffl<fn<ITTlfi<T,'<Rl<!Ffl ):
(0 N,1·111"\'l:l{): SI ('.ulJ-lnspecror) SATISH BHATI ,PIS No.1El(J0131 ,Belt No.D-5124
(b D:m_, Year ot Birth (;;1-.11 l'l'lfzi 10/04 I 1982 Nationality (<1-e)um): INDl1\
Place of Issue (.;rrt) ifff~ <Iii

(cl Or.r u pu t i on POI !CF. OFFICER


(e Adci1ess\,fdl): PS·, 01(111.A INDU)TRIAL ARl:A, SOUTII-EAST, DELHI, 110020, INDIA, 9958329870.

7. De tai ls of l<1wwn/Suspect/Unlrnow11 accused with full particular sfattach separate sheet if necessary)(~T<i/ uft:m /<l""1n
m r i),l i,) en 'Jf nttrr cruh

8. Re as on t or delay in reporting "v the compi,1i11,1t1t/info.-ni:,nt (Hl<iifll"if<liclf / lFFll<linf ~m \'nnt tn ii 4;;f <110;'\ ':t; <fin1ll}.
N() Df !. r,.\

9. Particulars of the proper tics stolen/involved (auach s ep- . ate sheet if necessary):

'll.No. (l!Ui.J property Type(Descri:Jtion) Est. Valut,(Rs.)(lV1T (<> TT))


.I o-r oral value of property stolen er,'tfqi W'.tf!~ <l>f '.j,io!
LJ Inquest f{c~pon i lJ.D. Case No., it any (lJ'-1! wlrm P<{!fl / ,,_;J,).~i;':{Ul ;.L, <if?; <1M
37
Yci11. 202 s f-lR No: CIG,l Date: 1110;;, @
12 F.I.R. Contents (attach separate sheet, if required)(Q'QflT <-15FlT f'rrrtt ,rn1):
GENERAL DIARY, District: SOUTH-EAST (DEL.HI), P.S./Section: Ol<HLA INDUSTRIAL AREA, GD
No.: 0071A, Date: 24/08/2023, Time: 16:52:45, Entry Macie 1=or: Rank/ Name / PIS No. of
Pol ir e Officer : H 1:AD CONS 'l ABLE / DHARM EN DRA M EENA/ 2 8094 S 00 CD Type(s) : PCR Cal I
CD Subject: ~fJr.11 ,3mrc; PCR Call Assigned to: HC (Head Constable)/NARSHI RAM
MEENA/28101176 GD Brief: Ref. Event ID -7(116309, Incident Address: A 99/1 Ol<HLA PHASE
2 NEAR SANJAY COLONY, Incident Description: BARABAR WAL\ BUILDING ME l<AAM CHAL
RAHA THA l<HUDAI !(AR RAHE THE UPAR l<A MAL.BA AAl<AR GIR CAYA HAI SANJAY COLONY
ROAD PAR 3ADMI DABE HUE HAI ABI MAL.BE ME El< «o TO N\l(AL LIYA HAI YHA SE BUILDER
WAGERA SAB BHAG GAYE HAI MOl<E SE, Mobile No: 9212759951, 9212759951, From: CT
Al<ANl<SHA MALII<, 82 l 7 /PCR,31Tffili PCR Call -fil· ~ CCTNS Computer 'R' Submit DD Entry m
L h ro u g 11 H C N ar s hi 3 8 6 7 / SE m~ tfil tJ· ~~ 'fcfRT i:ncrrr m- p.) crrr 3ffffFfiTztclTtf th-vi- I I o d g e cl by DO
NOTE: COMf)UTER COPY Signature, Sci. Engllsh, HEAD CONSTABLE / DHARMENDRA
MEENA/28094 500. qfurr,, ;;ift, Duty Officer PS Okhla lndl. Area, new Delhi qcfiIT ~ 'f~~ ~
~tfc11J:1~ SI cfj')-31Ff~ 24/8/2023 zjt DD NJ. llOA ~ DD No. 71A, 73A, 74A, 75A ~m
~.f SI .i:ru (rl~ HC Arvi nd No .. 162 5 /SE~~, 98./3 Okhla Phase-II_ New Delhi tilill -;:;i"r lfrcfl: tff
S 1-10 1:1~! WI th JF-1:f ~ 'I-ft ~ .§1:!' ~ ~f 1TitfiT q°{ -~ q,f'Ct1 ~ ~ ~ "11 '1{\8 'q)l ~ ~ ll1 C r\ rn e
team, Fire Brigade ,fn 1gi>lc'Wh< ~ §Q' ~ cm GJTfR ~ fc;m Rescue operation t:lr'fflIT TT'llT arrt J:fr47 ~
Photographs on1 Inspection <fi'ITllT rp:rr "11"8lq,T q{ ~r
cffi' Ambulance an1 PCR cW\- rnt\ 'B' AIIMS
trauma Centre ~T rrzrr, ~ 1Ff SI ll'ZT HC Arvind No. 162 5/SE AIIMS Trauma Centre~~ m
ML.Cs NO. 500391882/23 (1) PT. N1TISH l<U~1AR S/0 ANIL KUMAR AGE-23 YRS R/0 SANJAY
COLOI\JY PHASE-2 A/H/0 FALL OF HEAVY OB_;ECT OVER PATIENT AND BURIED UNDER DEBRIS
NEAR Ol<HLA PHASE-\ (2) MLC NO. 500391883/23 MR. RAMAN S/0 VINOD AGE-18 YRS R/0
SANJAY COLONY Ol<HLA PHASE-JI NEW DELHI .A/H/0 FALL OF HEAVY OBJECT OVER PATIENT
AND BURIED UNDER DEBRIS NEAR Ol<HL.A PHASE-I, DECLARE BROUGHT DEAD (3) MLC NU.
500391884/23 PT. GULSHAN S/0 NANO l<ISHOR AGE-28 YRS R/0 SANJAY COLONY O!<HLA
PHASE-II NEW D'ELHI A/H/0 FALL OF HEAVY OBJECT OVER PATIENT AND BURIED UNDER
DEBRIS NEAR Ol<HLA PHASE-I, (4) MLC NO. 500391885/23 PT. MR DEVENDER S/0 RAMBILAS
AGE-33 YRS R/0 A-99/1 Ol<HLA PHASE-I, A/H/0 FALL OF HEAVY OBJECT OVER PATIENT
AND BURIED UNDER DEBRIS NEAR Ol<HLA PHASE-\ (5) MLC NO. 500391889/23 PT. MATU
SINGH S/0 UNl<NOWN AGE-SO YRS R/0 H.NO. 105 SANJAY COLONY Ol<HLA PHASE-II A/H/0
f ALL OF HEAVY OBJECT OVER PATIEN_I_ AND BURIED UNDER DEBRIS NEAR Ol<HLA PHASE-I
DECLARE BROUGHT DEAD (6) MLC NO. 500391895/23 PT. ARUN l<UMAR S/0 TANIK LAL
MANDAL ACE-27 YRS R/0 Ol(HLA PH.ASE-II SANJAY COLONY A/H/0 TSI, DUE TO COLLAPSE
OF BASEMENT WHILE WORKING IN Ol<HLA PH/ISE-11 (7) MLC NO. 5 003 91896/23 PT. NIRMAL
\(UMAR S/0 JITENDER PRASAD AGE-32 YRS R/0 Ol(HLA PHASE-I\ DELHI A/H/0 TSI, DUE TQ
COLLAPSE OF BASEMENT WHILE WORJ<ING IN OJ<HLA PHASE-II (8) MLC NO. 500391897 /23 PT.
MR. JAL. DHAR S/0 SUl<H DEV AGE-45 YRS R/0 Ol<HLA PHASE-II A/H/0 TSI, DUE TO
COLLAPSE OF BASEMENT WHILE WORl<ING IN Ol<HLA PHASE-II Dr. ffTQ~ ~ ~ Lh<Allll ir ~·SI~~
c=n:1~1 fqi ML.Cs~~® a.n1: ~ m<m 3fmTI ~ Plot No. 98/3 Okh\a Phase-II New Delhi~ rrm;tcfl
Tarun Gaxg ~ " JctM Safety Precaution Equ!pr:ient provide cnnir ~ Labour it Plot il'
Base.menl ®~ ~ tnm ~ %~ i:rrcm tff ~ff:'i it, MLC B' cf~.~ 3-11rotf U/s ~88/337/304A
I pc ciJJ' e?t,rr cm:rr \Jffill 6, ~~T-iTI"Cfcn ~~ ~·zffPfRt ~ ~uf ~1 c:fi<'R $ fNa H C Arv Ind No. L 6 2 5 /SE
~~ ur,=rr -~ ~ ~ ~~ ~ 1.'~'o .:1~ ;:ffG.f{ ~ l{ ~1 tf "1TUI ;;;:-r lT\cr-ir en: NDRF@ Toarn
with Dog squad Er Crime Branch Fm team with Dog squ~d m ~r1~.t$ % ~ Private Lab~u~ w,,zm-
SHO ~· Ri'i ~ it Rescue operatlon ~r "11 ft 0 ;;;rt afit ~rum~~~€\~ fm mn,,::ir 8
~ ti ·1f'f SI i:r)tfil m ta"ffiRr 'R' clffff !1
Date & time of incident- 24./8/2023 at 4:45 PM. p:uce of
Occurrence- 98/3· Okhia Phase-\\ New Deihl. Date and time of sending rukka - 24/8/2023, at
11·15 PM. Sd. English, SI Satish Bhati D-5124,PS-OIA, New Delhi. z:i:m:rcrrtr13:~1J3Tl'rfw.nir~

2
38
.!Jl..i FIR No: OW.! Date

{r-.J ~,1· rnF'r m: Jrq1--rfa1c:~ W~T <Fi\' 1ifclm Computer q'>~t~'i Computerized FIR cf;T TIRl~ cf~ ~T q:;r HC
I\ rv in j No. 16 2 5 I. E ii'i ~TCT SI 5 at is h B h cl ti "{fl~tlf cti' QRT Ucri~~ tR ~\JJCIT{ lT$ '3lT r:foirt~wf tR ~'wfrn=l
m
i\ I 1.fifi F: I R Co p ·:i rec DI" Li r o (H1'1 ( fv1 H C R) \TIH f<i:i-,,rcrrt n-{ I a-r,::u clWr'-'ffif sTcfi rfi "JU ,3rfi:rcri,ftm cffi sTn
h')iilc1Pi ,r1i)·i:\i ~~y DO.

:\ ::J Acti on Tak en Sf nee the above information reveals commls s lon of offcnce(s) u/s as rnenttonco .it Item No. 2:
(,iii ·,nil ,1,1;,r,fl~l: ,ffo, ~11:n),1, ;-;ir;r,nrfr it lffH •1rffrr t fri, ni",m lTllT 311lWT Tri~ ,U.il ;Jcli~B um '<Ii 'n!fi'[ i ):
(i)Rcqis1c~red the, cas c and tool, up the OR (1ff)
(\1,r,,·.1 ,;;,I f,hn: 11,11 J[\< ~1H, if; fr~.:r \ihn
(ii)DI, ,,, t,•cl (I\J;,1m· of the 1.0.)(-illtf 31fi')·1r;1fr <iiT :.rm SATIS\1 BHA 11 Ran I< (<r~):
SI (SUB·-INSPECTORi
~.0(11.): i (, ! ·y; l 'l Lo take up the luve s tiqation (cfi) :;.1r<1 awro't tff{T 11 il~ i1, n<1Q f~t~r fc;11111111) OR
(ii: RdusC'd iu ve s tiqution clue to(;~f'il ~i OR(~, ,rmu1 ~,fff{ f"ifi<ll zrr)

(iv) rransf·erred to P.S(na111e)(~1,n): Dis trict(f$!,;1 r):


on pci 11 t <J f ju ri sci ictio 11 (<it ~'.frfu<fif{ i!, crm:vr ~ttTT<:fft-<T)

F.1.1{ 1 ead '->ver to t he curnplainunt/infonn,rnt,adrnitted to be correctly recorded and a copy given to the
fl (!C' uf ms t: (\~'li!illlrl<Tint I tpFlf<,',f!f <l\T \Tl211i'r<Wt \Jc, <ff{ tJ;,1{ ,n:fr, tl~ c,;;f .f{ T{Fll :.in,
~<Ii lfi'ftf~ f;°t~ci'<li f~tiJ1mffqffrf <ITT f.11p.f)) :

J4Sign<1'1He i r hurno lrnpre s s ion


of tht Complainant / Informant:
(111,1,1:•,,4<1,/1[ i ,Fr;p.,;c1f i!, t~H'TTr:.f{ f <fir~?, '-OT f;r~TFf):

15 D.Jte ,u,d Time ot de spatch to the court:


( :f c; no:,1 lT IT If UT <fi'r l?;'lFl> oi'r{ amf);

3
39 P-2..

FIRST INFORMATION REPORT

( Under Section 154 Cr.P.C)

1. District: SOUTH-EAST(DELHI) P.S.:OKHLAINDUSTRIALAREA Year:

2023 FIR N0.:0569 Date: 24/08/2023

2. Act(s): Section(s):

- IPC 1860 288/337/304A

3. Occurrence of offence:

(a) Day: THURSDAY Date From: 24/08/2023 Date To: 24/08/2023

Time Period Time From : 16:45 hrs Time to: 16:45 hrs

(b) Information received at P.S. Date: 24/08/2023 Time 23:30 hrs

(c) General Diary Reference Entry No.129A Date/Time 24/08/2023 23:39

4. Type of information Written

5. Place of occurrence:

(a) Direction and Distance from p.s. NORTH-EAST,2.4 Km(s) Beat No.07

(b) Address :98/3,0KHLA PHASE-II ,NEW DELHI ,110020

(c) In case ,outside the limit of the police station

Name of P.S.: District:

6. Complainant /Informant:

(a) Name: SI (sub -inspector) SATISH BHATl,PIS No. 16100131,Belt No.D-5124

(b)Date /Year of birth 10/04/1982 Nationality : INDIA

(c) Passport No. Date of issue Place of issue

(d) Occupation POLICE OFFICER

(e)Address: PS -OKHLA INDUSTRIAL AREA ,SOUTH -EAST, DELHI, 110020,

INDIA ,9958329870

7. Details of Known /suspect /Unknown accused with full particulars

(attached separate sheet if necessary)


40
8. Reason for delay in reporting by the complainant/informed : NO DELAY

9. Particulars of the properties stolen/involved (attached separate sheet if

necessary ) :

SI. NO. Property Type (Description) Est.value (Rs.)

10. Total value of property stolen

11. Inquest Report /U.D. Case No., if any

District SOUTH-EAST (DELHI) P.S: OKHLA INDUSTRIAL AREA YEAR: 2023

FIR: NO. 0569 DATE: 24/082023

12. F.I.R. Contents (attach separate sheet, if required)

General diary district South East Delhi PS Okhla Industrial area GD number

00718 240820 23 time 1652 45 entry made for rank name pis number of police

officer head constable Dharmendra Meena 2809 4500 GD type PCR call GD

subject information PCR call assigned to HC head constable Naresh Ram Meena

2810 117309 incident address A 99 /1 Okhla phase 2 near Sanjay Colony

incident description barabar wali building mein kam chal raha tha khudai kar

rahe the upar ka malaba Aakar gir Gaya hai Sanjay Colony Road per teen

aadami dabe hue hain ab malabe mein ek Ho to nikal liya hai yahan se builder

Mera sab bhag gaye hain mauke se mobile number 921975 9951 ,921 975 9951

from constable Aakansha Malik 8217 PCR AVN set PCR call information cctns

computer subject DD entry through AC Naresh 3867 se inform visited the place

of incident for proper action launched by do not computer copy signature HD


41
English head constable Dharmendra Meena no 2809 4500 Sir, duty PS Okhla

industrial area New Delhi it is submitted that I ,SI on 24th August 2023 DD

number 110 A, 71A, 73A, 74A, 75A after getting through these DD number, I SI

with HC Arvind number 1625 SE went to the place of incident at 98 / 3 Okhla

phase II New Delhi where SHO Sahab was arrived with staff already and there

was a big crowd on the spot after removing the crowd crime team fire brigade

called to save the labour for rescue operation was held and photograph of the

spot was taken and inspection was made on the spot the injured was sent to

trauma centre by ambulance and PCR ISi with HC Arvind number 1625 I SE

AIIMS trauma centre arrived there where MLCs number 500 391882/2023 (1)

PT Nitish Kumar son of Anil Kumar is 23 years resident of Sanjay Colony phase 2

a h o fall of heavy object over patient and buried under debris near Okhla

phase 1 (2) MLC number 500 391885/23 Mr Raman S/o Vined is 18 years

resident of Sanjay Colony Okhla phase II New Delhi A/H/0 fall of heavy object

over patient and buried under the breeze near Okhla phase I declare brought

dead (3) MLC number 500 391 88 4 23 PT Gulshan S/o Nandkishor age 28 years

resident of Sanjay Colony Okhla phase II New Delhi A/H/0 fall of heavy object

over patient and buried under debris near Okhla phase 1 (4) MLC number 500

391 885/ 23 PT Devender Kumar S/o Ram Bilas age 33 years president of A 99

/1 Okhla phase 1 A/H/0 for fall of heavy object over patient and burried under
42
debris near Okhla phase 1 (5) MLC number 500 3918 8 923 PT Matu Singh s/o

unknown age 50 years resident of h number 105 Sanjay Colony Okhla phase II

A/H/0 fall of heavy object over patient and burried under debris near Okhla

phase 1 declare brought dead (6) MLC number 500 391 895 23 PT Arun Kumar

son of Tanic Lal Mandal he is 27 years resident of Okhla phase second Sanjay

Colony A/H/0 TSI due to lab of basement file working in Okhla phase II (7) MLC

number 500 391 897 23 PT Mr jaldhar San off Sukhdev is 45 years resident of

Okhla phase II TSI due to collapes of basement while working in Okhla phase II.

Doctor stated that I SI collected MLC and presented at the spot number 98 /3

New Delhi protection and without any safety precaution equipment for

basement by his labours in the plot. on inquiry he told me that he was getting

work in the spot. Through MLC and circumstances it is found a crime under

section 288/ 337 I 3 0 4A I PC Hence written statement is prepared to register

the FIR no 1625 SE went to the Pt to inform and register the FIR on the spot

.The team of India with dog squad and crime branch and a private labour .In

the in the look after of SHO rescue operation is going on and somelabours are

under the Malwa I SI is busy in the investigation date and time of incident 24th

August 2023 at4.45 p.m. 98 3 Okhla phase 2nd New Delhi date and time of

sending 24th August 2023 atll.15 p.m. SD English SI Satish Bhati D 5124 PS

OLA New Delhi action police today after getting the written complaint the
43
criminal case is submitted under computer and computerised FIR copy and

original written complaint were sent to HC Arvind no 1625 /SE Satish Bhati on

the spot is busy in the investigation the FIR copy to record room( MHCR) and

other documents to the higher officer for future. by DO.

13. Action Taken Since the above information reveals commission of offence(s)

u/s as mentioned at Item No. 2;

(i) Registered the case and took up the OR

(ii) Direction (Name of the 1.0) SATISH BHATI Rank:

No.16100131 to take up the investigation OR

(iii) Refused investigation due to OR

(iv) Transferred to P.S(name): District

On point of jurisdiction

F.I.R read over to the complainant/informant, admitted to be

correctly recorded and a copy given to the free of cost:

R.O.A.C.

14. Signature I Thumb Impression Signature of Officer

Of the Complainant I Informant: Name: MUKESH KUMAR

Rank: HC (HEAD CONSTABLE)

No.29101993

15. Date and Time of dispatch to the court:


44 ANNEXURE "B" COLLY

FINAL REPORT FORM


(UNDER SECTION 173 Cr.P.C.l

JN THE HON'BLE COURT OF SH. AKSHAY SHARMA, LO. MM,


SAKET COURT, NEW DELHI

1. D~STRfCT: ..... South East·· .. · POLICE STATION: OKhla Industrial· Area

FIR N-o: 569/23 DATED: 24.08.2023

2. FINAL REPORT/CHARGE SHEET NO: 1 Dated:-

4. (I} Act: IPC Section: 288/337 /338/304A IPC


(It) Act: Section:
(lll}Act: . Section .
(IV}Other Act & Section:

5. TYPE Of; FlNAL FORM/REPORT: Charge Sheet/Not charge sheeted for want of
evidence I F.R.TUntrace/F.R.T. offence abated/F.R unoccured.

6. If F.R Unoccured:- wrong/Mistake of fact/Mistake of law/Non cognizable/Civil


nature.

7. Whether charge sheet main / supplementary: Main Charge Sheet

8. Name of the 10: Satish Bhati Rank: Sub lnsp. No. 0-5124 PIS No. 16100131, PS
Okhta Industrial Area, New Delhi

9. (A) Name & Parentage of Complainant/Informant:


SI Satish Bhati No. D-5124, PIS No. 16100131
(B) Address: PS Okhla Industrial Area, New Delhi

10. Details of properties/articles/documents seized/released. (Attach Separate


sheet if necessary}: As Per Seizure Memo
45 t
(§)
11. Details of accused person charge sheeted ( Use Separate sheet for every
accused).

(a) Name: Tarun Garg Whether Verified: Yes

(b) Fathers/Husbands Name: Sh. Jagdish Garg

(c) Date of Birth: 42 Years (d) Sex Male (e) Nationality: Indian

(f)·Passport No: N/ A (g) Date/Place of Issue: N/ A


(h) Religion: Hindu (i) SC/ST /OBC:

(J) Occupation: (k)Address: A-1/40, 2"d Floor, Panchsheel Enclave,


New Delhi
(I) Provisional Crime No:-N/A

(m) Permanent crime No. (if known): N/ A


(n) Date of arrest: 25.08.2023 (o) Date of released on bail: 25.08.2023

(p) Date of forwarding to court:'. ..


(q) Act & under section: 288/337 /338/304A IPC

(r) Previous conviction with case reference:- no

(s) Status of accused: Forwarded/On Police Bail/on Court Bail/absconder/ In Judicial

Custody/(P.0)/Convicted: On Police Bail

(t) Name and address of Surety:- Nltin Gupta S/o Sh. S.C. Gupta R/o B .. 28/4, First
Floor, Amar Colony, Lajpat Nagar, New Delhi
. 46 (§
12, Details of accused not charge sheeted (suspect) (Use separate sheet for each
accused):

(a) Name: Whether Verified:


(b) Fathers/Husbands Name:
(c) Date of Birth: (d) Sex: (e) Nationality:
(f) Passport No: N/A (g) Date/Place of Issue: N/A
(h) Religion: (i) SC/ST/OBC:
(J) Occupation: (k) Address:
···························· Verified , .
{I) Provisional Crime No:- ..
(m) Suspicion approved: Yes/No.
(n}Status of accused: Forwarded/on police bail/on court bail/Absconder
(P.0)/Convicted:
(o) Act & under section:-- N/fl.
(p) A~y special remark including reason for not charge sheeting: ··················

,.·

13. Details of witnesses examined:

S.No. NAME & PARENTAGE ADDRESS TYPE OF EVIDENCE

1· SI Satish Bi1ati PS Okhla Ind. Area, New Delhi Complainant/ 10 of the


No. 0-5124 Case
PIS No. 16100131
--
2· Vi nod Shah S/o Sh. F- 7, Sanjay Colony, Okhla Phase-II, Witness I Father of
Govind Shah New Delhi, Age 39 Yrs, Mob. Deceased Raman Kumar
7061401912

3· Pawan Kumar S/o Sh· Village Kathni, Post Bicchi Chachar, Witness I Brother of
Vinod Shah Distt. Munger, Blhar, Age 32 Yrs. Deceased Raman Kumar

4. Santosh Kumar 5/o F-105, Sanjay Colony, Okhla Phase- Witness/ Son of
late Mantu Sarkar II, New Delhi, Age 14 Yrs, Mob. Deceased Mantu Sarkar
9810452285

5· SushiI S/o Sh. Lal it F-105, Sanjay Colony, Okhla Phase- Witness/ Brother of
Singh II, New Delhi, Age 42 Yrs, Mob· Deceased Mantu Sarkar
9906412335

6· Gulshan S/o Sh. Nand F-132, Sanjay Colony, Okhla Phase- Witness/ Injured
Ki shore II, New Delhi, Age 35 Yrs, Mob·
7R77Ll1 rnc;J
47
7· Nitish Kumar S/o Sh· F-132, Sanjay Colony, Okhla Phase- Witness/ Injured·
Anil Kurnar ll, New Delhi, Age 35 Yrs, Mob·
8579841828, 6202368025

8' Jafdhar S/o Sh· F-250, Ji wan Jyoti, Raj iv Chowk, Witness/ Injured
Sukhdev Singh New Delhi, Age 47 Yrs, Mob.
9971422901

9. Arun Kumar S/o Sh· Village Gokul Chat, PS Harpur, Post Witness/ Injured·
Tanik La!' Tethiya Gumber, Distt. Khadakpur,
Bihar, Age 28 Yrs, Mob.
7217862258

10 Devender S/o Ram A-99/1, Okhla Phase-II, New Delhi, Witness/ Injured
Vilas Prasad Age 33 Yrs, Mob. 9311893358

11 Nirmal S/o Late F-28/4, Raj iv Colony, JJR Camp, Witness/ Injured
Jitender Prasad New Delhi, Age 32 Yrs, Mob.
,,. 8076262560

12 Nave en Kumawat S/o H. No. 22/650, Barai Road, 112 No. Caller
Sh. Jagdish Prasad Bahadurgarh, Haryana Moo.
9212759951
L__

13 HC Arvind Singh PS Okhla Ind!. Area, New Delhi Witness


No. 1625/SE
PIS No. 28104423
--
14 HC Narshi No. 3867 /SE PS Okhla lndl. Area, New Delhi /llitness
1

PIS No.' 28101176


15 Dr. Rakesh Nayaka (SR) JPNATC,AIIMS, New Delhi & H. No· Prove MLC No.
87, Mandhara Nilaya, A Block, l5t 500391885/23, MLC No.
Crossgpal, Gowda, 500391889/23, MLC No.
Bandaneshivamogga, Karnatka 500391883/23, MLC No.
500391882/23, MLC No.
500391884/23
<it ') /I (\Q ')()')~

16 Dr· Naman Hans (JR) JPNATC, AIIMS, New Delhi & Prove MLC No.
101AM, Shalimar Bagh, New Delhi 500391897 /23, MLC No.
500391896/23, MLC No.
500391895/23
dt. 24.08.2023

17 Dr· Harshita Gowda. R Department of Radiology, JPNA Prove X-ray Report


(SR) Trauma Centre, AIIMS, Raj Nagar,
No1u fiPlhi
48
-
18 Dr. Govinda Balrnuchu Division of Forensic Pathology & Prove PM Report of
(SR) Molecular DNA Lab, J.P.N. Apex Deceased Mantu Sarkar
Trauma Centre, AIIMS, New Delhi and Raman Kumar

19 Sub-Registrar (Kalkaji) Govt. of NCT of Delhi, Old Tehsil Prove Verification Report
Building, Mehrauli, New Delhi No. SR-V/Misc/2024/77
· dt. 04.03.2024 of
Property No. 98/3.
Okhla-11,New C·elr i

20 DO/HC Mukesh Kumar PS Okhla Ind. Area, New Delhi With FIR No. 569/23
No: 357/SE dt. 24.08.2023
PIS No. 29101993

13A. List of Documents:-

S.No Description of Documents Papers


.-·
1· Final Report 14 PP

2· Orlglnal'Tehrir OlPP
3. Copy of FIR 02 PP

I 4. Certificate U/s 658 Indian Evidence Act 01 pp

5. DD Entries 05 pp
r
~ Crime Team Report ~ rhotograpr1s 09 pp

7. Site Plan 01 PP

8· Seizure Memo 02 PP ''


g. MLC's + Discharg Summary+ X-Ray Report+ PM Report+ all 66 PP I
related documents
10· Arrest Memo 01 PP
--
11 · Disclosure Statement 01 pp

12· Pabandinama 01 PP
13. Bail Bond & Personal Bond 01 pp

14· ID Proof of Surety + Accused 02 PP


15· Detailed Site Plan of Property No. 98/3, Okhla-ll, New Delhi 01 pp

16. Request+ Verification Report No. SR-V/Misc/2024/77 dt. 02 PP


04.03".2024
17· Statement U/s 161 Cr. P.C· 14 PP

~- Conviction Slip 01 pp
49
14. If FR is false, indicate action taken or proposed to be taken U/s 182/211 IPC

15. Result of laboratory analysis: ..

16. Brief facts of the case; (Use Separate sheet if necessary}:

SI cfir. DD No. 110A * DD' No.' 71A, 73A, 74A, 75A ~ ~ Jfa=f SI 'JTlf ~
HC . Arvind No. 1625/SE ~ ~ 98/3, Okhla Phase-II New De!hi ~ ..'.)
~ ~
~ SHO ~ with Jra=<T RTCn a.fr~~·~~·~~~~~~~~..'.) ..'.)

3-lts cn1' ~ ~ ~ Crime team, Fire Brigade cn1' 1<4cilch-l ~ rr J-t3lc;:_-t1 q;)'
~ ~ ~ Rescue operation ~· ~ 3-fR" ~ ~ Photographs 3fR
Inspection~ ;rmr ~ $T ~ ~ cn1' Ambulance 3-tR PCR *" ~ * AIIMS
trauma Centre 4ftjl~I ..'.)
"JT"m, ~ J:faf SI J=fl[ HC Arvind No. 1625/SE AIIMS
Trauma Centre ~
.• ..'.)
JfITT qr MLC's No. 500391882/ 23(1) PT. NITISH KUMAR
S/0 ANIL KUMAR AGE-23 YRS R/0 SANJAY COLONY PHASE-2 A/H/0 FALL
OF HEAVY OBJECT OVER PATIENT AND BURIED UNDER DEBRIS NEAR
OKHLA PHASE-I (2) MLC NO. 500391883/23 MR. RAMAN S/0 ViNOD AGE-18
YRS R/0 3ANJAY COLONY OKHLA PHASE-II NEW DELHI A/H/0 FALL OF
HEAVY OBJECT OVER PATIENT AND BURIED UNDER DEBRIS NEAR
OKHLA PHASE-I, DECLARE BROUGHT DEAD (3) MLC NO. 500391884/23 PT.
GULSHAN S/0 NANO KISHOR AGE-28 YRS R/0 SANJAY COLONY OKHLA
PHASE-II NEW DELHI A/H/0 FALL OF HEAVY OBJECT OVER PATIENT AND
BURIED UNDER DEBRIS NEAR OKHLA PHASE-1, (4) MLC NO. 500391885/23
PT. MR DEVENDER S/0 RAMBILAS AGE-33 YRS R/0 A-99/1 OKHLA
PHASE-I, A/H/0 FALL OF HEAVY OBJECT OVER PATIENT AND BURIED
UNDER DEBRIS NEAR OKHLA PHASE-I (5) MLC NO. 500391889/23 PT.
MATU SINGH S/0 UNKNOWN AGE-50 YRS R/0 H.NO. 105 SANJAY
COLONY OKHU\ PHASE-II A/H/0 FALL OF HEAVY OBJECT OVER PATIENT
AND. BURIED UNDER DEBRIS NEAR OKHLA PHASE-I' DECLARE BROUGHT
DEAD (6) MLC NO. 500391895/23 PT. ARUN KUMAR S/0 TANIK LAL
MAN DAL AGE-27 YRS R/0 OKHLA PHASE-II SANJAY COLONY A/H/0 TSI 1

DUE TO COLLAPSE OF BASEMENT WHILE WORKiNG IN OKHLA PHASE-II

. --\ ·-~
\- c
50 ®
(7) MlC NO. 500391896/23 PT. NIRMAL KUMAR S/0 JITENDER PR ASAD

AGE-32 YRS R/0 OKHLA PHASE-II DELHI A/H/0 TSI, DUE TO COLLAPSE

OF BASEMENT WHILE WORKING IN OKHLA PHASE-II (8) MLC NO.

500391897/23 MR. JAL DHAR S/0 SUKH DEV AGE-45 YRS RIO OKHLA

PHASE-II A/H/0 TSl, DUE TO PT. COLLAPSE OF BASEMENT WHILE

WORKING IN OKHLA PHASE-If Dr. ~ ~ ~ Lfi-lJ-11~1 ~ ~ SI ~ ~ ~

MLCs ~ ~ 3-TR ~ ~ 3-ll<lTI 311" DD No. 71A ~ WnR ~ t "GENERAL

DIARY, District SOUTH-EAST (DELHI), P.S./Section OKHLA INDUSTRIAL

AREA, GD No. 0071A, Date 24/08/2023, Time 16:52.45, Entry Made For Rank

I Name I PIS No: of Police Officer HEAD CONSTABLE I DHARMENDRA


MEENA/ 28094500 GD Type(s): PCR Call GD Subject ~ 3ITTR PCR Call

Assigned to HC (Head Constable)/NARSHI RAM MEENA/28101176 GD Brief.

Ref Event ID-7616309, Incident Address: A 99/1 OKHLA PHASE2 NEAR

"sANJAY COLONY, Incident Description. BARABAR WALi BUILDING ME KAAM

CHAL RAHA THA KHUDAI KAR RAHE THE UPAR KA MALBA MKAR GIR
GAYA HAI SANJAY COLONY ROAD PAR BADMI DABF. HUE HAI AB! MALBE

ME EK KO TO l\llKAL LIY,l\ HAI YHA SE BUILDER WAGERA SAB BHAG

GAYE HAI MOKE SE, Mobile No. 9212759951. 92, 2759951, F mm CT

,L\Kl\M<SHA MAUK, 8217/PCR, 31nlcfci PCR Call cf;')-~ CCTNS Computer Jr


"
Submit ~ DD Entry through HC Narshi 3867/SE ~ ~ tr 0lT ~ ~ c);-
rr ~ mcl chl4ctlt31 cR<lll lodged by DO i\JOTE COMPUTER COPY Signature,

Sd. English, HEAD CONSTABLE I DHARMENDRA MEENA/28094500. 0lT "'JTaT

SI ~ DD No. 71A
'
tJZ ~
.
~ ~ J-lcf,c,J-11 ~
.:)
chxcll~I <'Tm ~chc',cHl ~
.;)
~

~ ~T ~fscncFr ~ SHO ~ JTa=I" SI~~ w:R1 Jr ~I

~ ~~r· crime team ~ inspection c);- ~ ~ tR" ~ er ~ ~


~
.;)
cfi1' 3oTcfit J:!a=f SI "q;T i:r~r rc8ITI 0lt ~ SI ~ crime team c;ciRT
'
~ cTJV ~ cf

$C cf; ~ cR" 3R>m Jic>idt ~ ~ if ~ ~ ~ ~ ~ cf;T s'fo ~ B


<4'-k.ch{ ~ SK ~· ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ir fi;p:rr1
"
*'° ~ ~ ~
.;)

~ ~~T JTa=I" SI ~ ~~ tR" cf)fJ-1" ~ ~ J-1"1c;__-l) tR"

qfu ~~ JITT 81 di 4 { ~ ~ 2:lT ~ ;,it d1crl' SI ~ 34 xl cfrl ~ cfi)- 'Q'cf,' ~ cfitf$


ir ~ ~ ~ fcnm <'Tm ~ cnr ifo b:T ~ ~cfix" ~ SK B wr ~ ~

\· c ~
51
~ ~~r ~ 25.08.2023 cfiT ~ SI ul" ~ ~ ~ J-lcfic'.J.ll
..:,
~ ir
accused Tarun Garg S/o Jagdish Garg · Rio A-1/40, 2nd Floor, Panchsheel
Enclave, New Delhi ~ ~wrc=r J-J}=hc;cHI civil ~klc>llcfi{ y_g;r110, 3m ir ~ ~
q0,a1g;
"
~ ~~
. .
~
.
"Jt Lord Krishna Handikraft Exports ell" ~ * Proprietorship
Firm ~ ~I ~ Jtt ~ "cfif address D-49, EPIP, Greater Noida,
Gautambudh Nagar, UP ir f"I 0TI" AA Plot No. 98/3, Okhla Phase-Ill, New Delhi

cfi1" 01.05.2023 cfiT Mr. Parmod Kothari * 6.5 cfiIB. ~ ir ~ m1 ~ M ~


~ ~ m ?.)' full basement ~ 3 -~~d_1 ~ s.3-TT m1 ~ ~ ~ MCD ~
permission/Sanction Plan ~T cfim" \~ ~ 3ITT" ~ <ti" ~re;- MCD
.
* m-tr.
approval ~ cnTJf ~IB
..:,
~ m1 011" AA ~ cfiC'1 ~ 24.03.2023 cfi1" ~ Cc>1rc.
CPITc ~ 98/3 ir cfiTcl-f ~@ m c=rr ~ ~ ~ ~ ~ ~ ~1 ~ 13 ~r
~ ~ ~I· ~ ~ fctim ~ ~ffi ~ cfif MCD ~ permission ~ regarding
~ffi
'

J-H,ri<:hl "cfif ~ ,5t~~l"11


'[elidhJ.
Jr ~
.
.
fcl:i<rr m1 Grnch'f ~
. .
*~~ s* 61 ~
me;- ctfiC"'~ cf me: Ra1 Si ;:)- accused 1 arun Garg cfi1" J-lc:hc;J-tl
..:,
~ ir ~
~ fJRq:-c,R fcl:i"m! µl{Lfrll:t) ~ ~ c=rmir c:fifclkiilci ~ fctivl ~ TJ'l{tfrfl.ft
J-lloioil:tl 3"'C..i.frlJ.l ~~ ~ ~~rrfa:lt~IT q'i1" ~ fct>m JJ<:ITI 'Ji'a," SI al" accused
Tarun Garg cfi1" :n=rcn, 3-fCTUtr .:51J.ll«ii<ll ~ &ici<>ll-41 Gn-1q{ accused Tai un Garq ~

Nitin Gupta S/o Sh. S.C. Gupta R/o B-28/4, FF, Amar Coiony, Lajpat Nagar, .
New Delhi ~ ~ SIJ-lloicil q~r fc8rr1 '3lT J=fo=f SI ul" ~ ~H-lt"0'n cf>lJIS!kl cf ~ <Ref)
~ Bail Bond & Personal Bond accused Tarun Garg cfi1" police bail GT fWr fctim
cfm ~ ~ ir ~req SIJ.lldlci) ~I

ir ~ Matu Sarkar S/o Lalit Narayan R/o F-105, Sanjay Colony, Okhla Phase-
11, New Delhi cf ~ Raman Kumar S/o Vinod Shah R/o Village Kathi, Post
Bicchi Chancher, Distt. Munger, Bihar cfiT ~ ~ PM, AIIMS, New Delhi
~I u1fi J:lo, SI ~ ~ Matu Sarkar cf ~ R~man Kumar cfi"r' dead body cfiT
~ ~ Vide PM No. 832/23 of deceased Mantu Sarkar cf Vide PM No.
,
833/23 of deceased Raman Kumar cflT Post Mortem cfi{Elllll c=rm ~ PM Dead
Body ~ cffftwar *r I
..- ---·
52 @
~rm
..)
w
~- om deceased Raman Kumar if> ~ >!ff ~ ~·rre;- nm ~ q:qo::r ~..:)

~ ~I
..:)
~o-ffi J:f<i1'" SI'~ ~· ~ ~ J4cfic.J-ll ~
..)
~kl0ilcfi{ qu;--m0: 3fJfc>f
" it
c>J"f$ Q.iifliil CJ0.ctt0> 'Cf{ 0lT ~ 3-fr ~1c-1c>f!-•-11 cfiT 3rc>fdr 3m,rr ~r U/s 161 CrPC fc4'w.
" -~
cf 1:fifTtiT ~I ~ Vined Shah S/o Sh. Govind: Shah Rio F-7, Sanjay Colony,
Okhla-ll. New Delhi o1' isfc-lC'flllt ~ "if 1lN ~ ~ m cRicfr, qto ~ ~. ~
"
a::riR, ~
.:>
cnr ~ crn>rr ~ I if
~
J-l 3irf{l cnr cpf.R" ~
"
~
"
I mr ~ ircT m ~
..:)
ar
Mantu ct m~ J-J3-fc({) cfiT cnm ~ m1 ~rcn 24.08.2023 q;'r M mcr m m
~
..)
98/3, ~· ~ 2· ir cfi161 tR JTm m, ~ 3B ~ -tr 3fClar illTcf ir m1 ~
~ ~ 6 ~ m ffJs ~~r "
~$ al' ~
..:>
~ cfi'r ~ ~ cfiTJ1 91Wf m ~ cfil"
~ faR ~ t3fR mfr ~ mfr ir ~ ~ t m ~ ~ ~ (. ..:>
ITT ~ t1 0lT ~
~· 3JI ~ 18~ ~ ~, i1t ~ cfi'I' 'ffln" cfiT FviJ.-Ac,I{ 98/3, ~ ~ 2 cfiT' JfITT1'f)
t GH-rch) c>ll4{cll~I· ~ cfiRUT 'Rt ~ ~ 1fto s$" B"I 0TI' 3flvf .3-l1t:J'<rf Alf MS, New Delhi

~ ~..) ~ cfi-lcllcil ct~ ITT~~~ dead body ct1T Post Mortem· c:fi{cl1lll
n'4T Post Mortem ~ ~ ~ m~~ ~ dead body cfi1 m~ ~I"

· 31")- Pawan Kumar S/o Sh. Vinod Shah R/o 'JJrn' ~. l:JTo ~ ~.
~ JfJT{,
..:>
~ Cr), ~e>ffm cfh' "J:RT mer~ Ffol ~
..)
~ cfil<'l~ail, ~. ~~

ir ~ tR ~ m nm J.Li1c;::fl cfiT ~ <RrTr mt ~<rfiq, 24.08.2023 cfi1 ~ ~


6 U ITT Cfffi ift ~ dff~T ~Trg cfi"f ~ 3WIT ~ ~ ~ ~ ~ m qgT ~
~cm- f.iR df'$ t ~ m ~ fRfr ir ~ 11$ t m m· cfh" ~ c J
~ ~ t, 01T m
~ m ~ m ~ -iB~ ~ ~I 3ll' ~ ~ cm- mc=r cfiT fulJ.-ik,I.J. 98/3, ~ ~
2 cnr J-flfc;rcfi 6 f8H-1ch'1 <>l14{ctli5) ct m m~ ~ ~ J-1'8 ~ 6'1 3ll' 3rrvr }IT1:faf

AIIMS, New Delhi *~ ~ .::,


c:fi-!cllirl cf;" ~ ITT ~ m ~ dead body cnr
Post Mortem c:fi:Zal<.ll nm Post Mortem ~ct~ ;i:tt m$" ~~dead body chi
At~~·,
al SantosH Kumar S/o Late Mantu Sarkar R/o F-105, Sanjay Colony,
Okl)a-11, New Delhi or Gfc"frllllr ~ "tf tTCTT 34:/.lcfrl q"{ lftloT qft-cm" cf;" m~ U:;c=rr ~

~ ~1 ~ ~ ff-{cf>1fl ~ # 8:cft <fltITT -;i:)' ~ ~I ~ 2408.2023· cfi't ~


qrqy ~ g ~ 98/3, Jfml'BT q:q:f-2 ~ cnm ~ ct) ~ m: ~1 zj ~ITTT ct mnr
cfrcm' ~ chi" ~ B' irt qrqr· 3-To=-lT ~ ~ ~ ~ dJlt ~ 3W ~ ~(. .::, ~ -rr£-
u1:;, 0t I
53
ift qrtIT Mantu Sarkar cfi'I" dead body cfiT Post Mortem cfi"TcfRlT e1m Post Mortem
~ ell me;- m qrq( Mantu Sarkar ~ dead body ~ ~ ~<T~ fcfiml"

~ Sushi! S/o Lalit Singh Rio F-105, Sanjay Colony, Okhla-11, New Delhi
. ~ cifri<>lllll *i- "tr° LfctT ~ ~ 3i~ tTftcm' ell mir ~ ~ ~ Labour cfiT <nrJT
cfi«1f. ~I J:Rr ~r ~ Mantu Sarkat J-fo1c;:_.fl cfiT cnm cfllci m·1 ~ ~ 24.08.2023
cn1' ~ ~'W 98/3 ~ ~-2 q{ cfifJ=f1 ~ m! m I '3lT 3TI" ~ tr ~ H 3-11Tor 'JJTcf
n m I cm- J'ITcf cfTill ~ ~ *w ~ ~ ~ cf;')- Man tu ~ cflm cfiBf m
*
.:)

~ ~ cfRm- fm;;r' *i- ~ Mahtu Sarkar 3-Jo="lf. ~ m~ ~ m! ~ 3fR" Mantu


~

Sarkar ~ ~c, ~ ~ '61 0l')- Jtt ~ Mantu Sarkar cf;'r J:ffc1 cfiT fu'IJ-J4c',I{ 98/3,
*
.:)

Jfmfc;rr. ~-2 cnr J-J I fc.l cfi ~. G1 f{c.h) ('j, q {cl, g, m ffi$ <fi'i J-fB ~ t : 011" 3wf 31--rtrar
AIIMS; New Delhi ~ ~ .:)
~ cfi{ctt.4 ell me."~ ~ Mantu Sarkar *t" dead
body cnT Post Mortem cfi{cfflfl c=rm Post Mortem ~ ~ me; m~ Mantu Sarkar
cf;'r dead body cfil" Af ~ fctj-4·n»

~ ~~r ~ 13.10.2023 cfil" &f01 SI ~ J:i~ .:)


~ 'JT Injured
Devender ~ MLC No 500391885/23, !njured Nitish Kumar cj:;'\" MLC No.
500391882/23 cf Injured Gulshan <fr MLC No. 500391884/23 i:rr AIIMS Trauma
Centre * Opinion B'ffii~ ~~f I ::n'r Injured Dev ender ~ tl/lLC No. 500391885/23
CR sfo ~ ~ Nature of Injury 'Simple' cf Kind of Weapon used N//.\ c,ertr"{
th~I Injured Nitish Kumar ~ MLC No. 500391882/23 q"{ sfo ~ ~ Nature
of Injury 'Grievous' cf Kind of Weapon used N/A ~ lh{J-lllll c'fm Injured

Gulshan ® MLC No. 500391884/23 1«" s'fo ~ ~ Nature of Injury 'Grievous' er


Kind of Weapon used NIA ~ lfi{J.lllll I 3ll J-lcfic';J-tl ~
.:)
Jr U/s 338 IPC add cf;'r
~I

~ ~~r ~ 15.10.2023 ~ ~ SI ~ J-Fhc'.J-fl ~


.:)
Jr Injured Jaldhar
*r MLC No. 500391897/23, Injured Nirmal Kumar cf;'r MLC No. 500391896/23 cf

Injured Arun Kumar <fr MLC No. 500391895/23 q{" AIIMS Trauma Centre *
Opinion ~ ~I 3ll Injured Jaldhar cf;'r' MLC No. 500391897/23 q{" sfo ~
~· Nature of Injury 'Simple' cf Kind of Weapon used 'Blunt' ~ CflJ-11.!.ll I Injured

Nlrmal Kumar a,:.,- MLC No. 500391896/23 q{" sfo ~ ~ Nature of Injury

--) c_~ -- , . .,-

''\
54
'Simple' cf Kind of Weapon used 'Blunt' ~{ lh{J-JF41 am Injured Arun Kumar
~ MLC No. 500391895/23 (f{ ifo fll~ ~ Nature of Injury 'Simple' ~ Kind of

Weapon used 'Blunt' ~ · ~-;i:::imri

mr;;r ~~f ™ SI ~ J-Jchc,J.11 "f.r;:JIT ~ J-Jdch


..'.) (.
Mantu Sarkar S/o Lalit Narayan
~ PM Report No. 832/23 cf 'cJ.Tc,cfi
(.
Raman Kumar S/o Vinod Shah <f;'i- PM Report
No. 833/23 JPNATC, AHMS, New Delhi ~ ~ cf;'il Rc,cfi'
r.
Mantu Sarkar S/o
Lant Narayan cfif PM Report No. 832/23 qt ifo ~ or Opnion:- The cause of
death to the best of my knowledge and belief' is ante-mortem injury sustained
to. chest, caused· by blunt force, possible in· a circumstance as mentioned in
inquest papers." ~ lh{J-lfl/F c=rm ~ Raman Kumar S/o Vinod Shah chi" PM
Report No. 833/23 ~ ifo ~ ~ Opnion:- The cause of death to the best of
my knowledge and belief is due to compression of chest as a result of
traumatic asphyxia, possible in a circumstance as mentioned in inquest papers."
~ lhP-11:qf I ~ PM Report N'lh' ~ ti
~ ~~r ~ St ~ J-lchcJ-lf
.:,
~ ~ (1) Injured Nitish Kumar S/o Anii
Kumar Rio F-132, Sanjay Colony, Okhla-11, New De!hi (2) Injured Gu!shan ~,lo
Nand Kishore R/o F-132, Sanjay Colony, Okhla-ll, New Delhi (3) Injured Jaldhar
S/o Sukhciev Singh R/o F-250, Jiwan Jyoti, Rajiv Chowk, New Delhi (4) injured
Arun Kumar Sio Tanik Lal R/o Village Gokul Chat, PS Harpur, Post Tethiya
Gumber, Distt. Khadakpur, Bihar ~5) Injured Devender S/o Ram Vilas Prasad
R/o A-99/1, Okhla Phase-II, New Delhi cf (6) Injured Nirmal S/o Late Jitender
Prasad R/o F-28/4, Ra}iv Colony, JJR Camp, New Delhi
. *~ J-lch<;J-ll ~orr
*~
.:,

~c>flcn{
.
4Bd1t§.
"
3fcRc>r ~ru'f q(§.c'Jlt§; qt
"
alt ch~ ~
...:>
isfric>Jll/1 <fiT ~af LJ/s
161 CrPC ~I

~ Injured NitisH Kumar S/o Anil Kumar or· ~c1c>ll.QI chi" "tf qc=rr 3Y{~cfrl CR'

~ ~ c>mmT 1 ~ *~ cf{ ~ if~ c=rm Jir-f


~ ~ ~ 'JlTo. cf>c>-.QIOI Y{,
..'.)
m-aiT
~; GlNT ~. ~ cflf. ~ cffffi ~I tr J-fof~~ cnr cf>m ~ ~I ~fcfi
24.08:2023 ~ #, ~, ~~ra=r. ~. ~. JRiUT, 1iq 'fRcfiR cf ~ Plot Mo.
98/3\,, Okhla Phase-II tT"{ cfiTH ~ ~ ~I 3fl' cft;I ~ ~·8sa1 ~ W ~I 3fl' cfBT
~ ~ fcilfc::33 Jf *1- <WITT' PR J1$ ~°r 3lR ~ ~ ~ c);- ~ ~ ~ ~I 011" q:f

----\ ('- ·~
-
55 @
cfifCfu e>ITTTI ~ ~ ~%!" ITT ~ Jt'R wdlt ; :)- ~ ~~ ~ ~ ~ ~r I 01\ ~ "f!w:T
if ~~r ITT df<IT m1 0W ~ ITT~r 3ITTTf ill 3ff ~Jflf tr AIIMS Trauma Centre F." ~rcfr
..'.)

m·1 0l'r mr w zz JRTT m1 ~ 6fR -.ir ~ qcrr ~ cfi'l" ~'t m~ ~ ~ ~ roc=r


" .:> "

~ Injured Gulshah S/o Nahd Kishore ;;:)- ~RIT ~ "tr lTill ~c"f (f'"{

~4 ~ wrn-Jf 4 mc;r * m-m tr{ ~ i'I... ~ J:fc>f


"
m * 'JJTcf B..'.) <"cil oi 4{,
..'.)
ma=rr
~· ~ 3-IIJl<>l~.J., ~ cpi" rg;t:
t1 ~ J-fo1c;:fl 'cp"f cfirn cRill {I T?;<;:rfr.,S"cfR>lT

24.08.2023 cfil' -A, ~. ~~r. ~. fatat.r, JWJT, ~ mcfiR" cf ~ Plot No.


. "
98/3, Okhla Phase-II ~ cf)fJ=f ~· t6 ill ~ ~ ~ R!fcesar ~ W ~'Ti ~ q~'(
~ * filfc.:sa1 ~ cfrqr{ fm". ~ ~ft JfR ~ ~ 2JcITT° ~ ~ 0f dJt" ill 0lT ~
~ ~ ~ ~ ~ ITT 'J'r$' ~ ~ ; :)- ~ 1fc'fcl' *~* fa:'lcfii<>ll I ~ :m ™
tf ~~r ITT arm m1 ~ ~ ITT~r 3WIT. ill 3'H ~ # ~1R24c.<>l *~ m1 -;it- ~
*
..'.) ..'.)

~. qc',' JfR ~ {f{ q1c 31$ I ~ ~ ;it ~..:> '«11" 'c1ill cfi'l" m- ~ cfiT1f cfiTat ~

~ Injured Jaldhar S/o Sukhdev Singh ;;:)- tS1ci<>ll<-li *r -u #. qc,T 34.J.1cfa q-.i:-

f<R"m ~ ~ { nm ~ m * JlTcf 3-RiUlT ~. ma=rr ~· 'C!To UR 'i!ITT ·ttc:;;:;,


™T ~· ~ cfiT ~ c.rrc;rr ~I tr J.folc;,_n 'q;1" cfiTJ.r ~ ~I ~ 24.08.2023 cp)

it, ~. ~r?i. fuic:'ii~r. ~ 3-1~. J.ffil- fHct>i~


"
er m Plot No. 98/3, Okhla
Phase-II
..'.)

4'.J." cfi'TJf ~ ~ ~I ~· ~ ~ \1lfci:iia1 ~ @ ifrl 3TI' q~'f ~ * ~gJf


~ trcfR ~ 'J'r$' ~ 3ffi ~ ~ 2JqR *~ ~ JW ~ I ~ ~ cfi1i:fi'r N1'JlT cfi'r ~
~ ITT ~ * ~ ; :)- ~ ~ ~ ~~ ~cfi1&-111 3,)- ~ ~ ll~
.:>
ar ~
AIIMS Trauma Centre Jr ~ cfi.J.cwH m ~ mr ~ s3fTI 3TI' ~ Jr ~ ~fill

'cTMT *" m ~ cfl,<R- q-;z;;t crrn 'J=ffc,


" ~R q ~ · cfi1' ~-
~ ..'.)
err ~ t 1"
~ Injured Arun Kumar S/o Tanik Lal ~ ~:klc>ll.!.ll cfi1' "# '4C1T 3q.i:'Jcfrl cfiT ~

cnc;rr { cTm tr ~ Jr J-fo1~.fl· cfiT cflTJ.T cRill ~I ~ tr ~ w=n:r ~ tr ~ 3-n'lTf

mi ~ 24.08.2023 cfii' #, ~. ~~Jo,,


..'.)
~~r. ~. ~. J=lTc'f ~
" q n=ra=r
Plot No. 98/3, Okhla Phase-fl q-.J.". cfiTJ:f ~ ~ ~I ~ ~ ~ \11fci:iia1 ~ ~ ~~I ~
~ ~ ~ ~fiega 1 ~ ercm- fm' J% ~ 3th" p:r ~ 2JcITT' ~ ~ 0f mr tt I ~
qif ~ ~ cf,t ~ ~ ITT ~ }ITT ~ ~ ~ ~ ~ ~ ~ ~<tile>ll I ~ ~
56

~ Injured Devender S/o Ram Vilas Prasad ~ ~rl&ff41 *'" "# "Cfci'T ~

,~ ~ ~ ~ -g.... elm ~" ~ ~ Viltage Dhouri, PS Harpur, Distt. Munger,


Bihar cfiT ~ qTMT ~ om tf R(>'(','1 it ~ q)f q;m ~ (1 ~ 24.08.2023 ~
tr, ~~ra,. fotrtr~r; ~. 3R>CJf, ~.
"
"1tR fficfiR er ~ Plot No. 98/3, Okhla
Phase-Ir
..:,

ti""{ cfim cR" ~ ~I JJT qif ~ ~fc;:5ar ~ w ~I -;JU' cfef ~ *~


~ cfr-cm- ~ ~ ~ :ID{ ~ ~ tJcITT $ ~ 0f df{! ~l 0lT ~ cfiM?f ~ *" afrs
~ ~y ~ }ITT" ~ ~ ~ ~ c):;- ~ ~ fa-lcF.tC'll I ~ ~..:, ~. mt ~ ~ 3fit
*fr cnm it ~ ~ mi 0lT ~ ~ ~o ~ pr ADIMS Trauma· Centre t· a:r~
cfiF1141 m ~ "RTI ~ s* I ~ ~ 'ii' ~ ~ ~ i$'J" °At ffm cfiTJf ~ c.:T<it
J:fTo" ~ cf~ ~ ~
-c~ ITT ~ 6"1"
0i1' Injured: Nirmal S/o Late Jiten,der Prasad ~ cilc-le>ll<.JI ~ "if QCTf 34{)cfc-l

~ ~ q"{ ~ ~ M"T ~ ~ * Village Fasiyabad, PS Khadakpur, Distt.


Munger, Bihar cfiT ~ ~ ~ c'l~IT tr ~ Jr J.foi~ cfiT ~ cRill ~I ~en
24.08.2023 ~ #, ~~T:f. fat:fr~r. ~. 3RiUT, ~. ~~cf~ Plot No.
98/3, Okhla Phase-II q"{ ~ cf>{ ~ ~I al' ~ <T$ ~fc,:ga1 ~ cTif
~ ~I ~
3~i11;,:itj, * To1fi.:§ia1 cf;)' traIT FR ~rrt ~It 3-frz ~ TIGf 2;'[-c:rrr cF v~-4 ~ m:.r ~: 0IT q/:
cflTChr c>nm c:fi)' ~~ ~ 61' d1$ 3fR" ~ ~ pt +rc>rcr *° JW ~ fa-lcfil C'! 11 0l1" B ~
mr ~
..:, 3IT 'Jf<IT ~ 3-fix ~ ITT~ tn ..:, *~ ~ 3IT$ *'~~me;~~ ..:, ~
AIIMS Trauma Centre Jr ~ cfi-tcll"-ll m ~ mT ~ s*I ~ me; Jr ~ Lfill
'i1c>IT cf;)' "At m~ cnm ~ ~ mcf ~
" cf VTaT ~ ~
~ ..:,
~ ~ t1"
~ ~~r ~ SI <ii- ·tlcarr ct~ PCR Caller Naveen Kumawat S/o Sh.
Jagdish Prasad R/o 22/650, Barai· Road, Bahadurgarh, Haryana Mob.
9212759951 'B' ~ J-icfi~J.ll ~ 6fc'klfcfi{ 4e.ci10> 3-l'JiN 11' ~ ~ 40.cil0> ~ ~
..:, " "
cno: ~
..:,
cil<ie>ll<-11 cf1f 3fC'1"JT 'B' <>"-licri U/s 161 CrPC fi;rurr, 011 m % WfiR 'B' t "~
~ ~ ~ ~ 3q{fcfc-l q"{ 3fCf<rt mcITT $ ~ WaT ~ elm Manoj Plastics, A-99/1,
Okhla Phase-fl, New Delhi Jr Salesman cfiT cf>m c.n{c=tT ~I ~ m~ ~ Building
A-98/3, Okhla Phase-II, New Delhi Jr construction cfiT cnm ~ '{ITT m1 ~ ~
24.08.4 cfiT ~ ~ 2023-4: 30Plvl Cf'{ Building A-98/3, Okhla Phase-II, New

_Ji - .....,~ .a...u-- .. ,


57
~ ~ 'rn~ ~ 3'qr cfif J:!~r Jffcf~ f,m- ir.m !ulW cnm cfi"TaT mcq RJJ~{ 3{1

~ Jr c';'6f .JJT! i)· 1 01T ~ ~- •ITTf ~ ~ nic,


.., ~.., ~ cfiTc>f ~- tr I ~- ~ff ..,
Rm t:rt Jn "J$ ~ 3fR- mm *" :rrgrlfc,T *~ cf;'f ~ ~ ~ ~ fo:icfi1 :,-11 m
3-fR ambulance c;cITTT
'
~~ ffi'lJ!cfl.!.ll m1 3-T!v'f ~ ~
.., 4G.cil0.
" ~ :mr ~:ra,
record fcRn-1 ~ ~ ~ fi;mT ¥ ~ cf ~ fc;'nrr '8rcf; 6"1"

~ ~~r J:la, SI· ~ Property No. 98/3, Okhla Phase-II, New Delhi ~
Sale Deed cf;)- Sub Registrar, Kalkaji * Verify cfi{cillJI·, Jll· ~ ~ ~I ~
Verification Report ~ ~ ~I J-lcfi~J-ll
.., ~r Jt Statement U/s 161 CrPC fi;~
-.rrv1 ~· J-tc:ficP-tl
.., ~ cf?)- ~ n'c:fi' ~ c,tf,<if~r ..,
cf isolJraild a1a1~1irf ~ J-le>i~J-1 Tarun Garg
S/o Jagdish Garg tfc'lT ~ sro 11 cri- RilMl4i ~ ~ ~ ~ U/s
"
288/338/304A IPC ~~~ ~ ff ~ ~ ~ ~.., ~ ~,C'flol ~ U/s
288/338/304A IPC ~ ~- ~ tr~r ~ ~I ~ ..,
J-tt>l~J-1 Tarun Garg S/o
Jagdish Garg, Police Bail ~ tt1 J.fc:fi~J-H
.., ~ *1- BJ-illfri ~ ;jITTfl

17. Refer information send: yes/No date: .


(attach acknowledgment)
~~~'"µ)
Sig natJre o;b~ \
Submitting final report/Charge Sheet
Name: Satish Bhati
Rank: Sub-lnsp, No. D-5124
PS Okhla Indl, Area, New Delhi

Signature of ,J::1i~~l
of Police Station (SHO)
Name: Sukhbir Singh Malik
Rank: lnsp. No. D-1/1023

.:---~;J11,
PS Okhla Ind!. Area, New Delhi

Forwarded by the ACP


Name: Yogesh Malhotra
Sub- Division: Sarita Vihar

U--·~
58
14.If FIR is false, indicate action taken or proposed to be taken U/s 182/211 IPC
15 .Result of laboratory analysis : · · · · · · · · ..
16.Brief facts of the case ,(use separate sheet if necessary) :
Sir, the brief circumstances of the case are such that on 24.082023. DD No. was
sent to Man SI l lOA to DD No. On getting 71A, 73A, 74A, 75A,I am with you
,HC Arvind N0.1652/SE reached mauka 98/3 Okhla phase-II New Delhi ,SHO
Sahab along with other staff had also reached the spot .there was a huge crowd
gather outside at the spot ,who after removing the crowd called crime team fire
bridge ,and suppressed it. TO save the workers ,a rescue operation was carried out
and photographs and inspection of the spot were done .on which the injured were
taken to AIIMS Trauma Centre mlc's No. 500391882/ 23(1) PT. Nitish kumar
S/o Anil kumar age-23 years Rio Sanjay colony phase -2 A/H/0 fall of heavy
object over patient and burdier under debris near Okhla phase -1 (2) MLC NO.
500391883/23 MR. Raman S/o Vinod age -18 years Rio Sanjay colony okhla
phase -II New Delhi A/H/0 Fall of Heavy object over patient and buried under
debris near okhla phase -l,(4)MLC No. 500391885/23 PT. MR.Devender S/o
Rambilas age -33 yrs R/o A-99/1 Okhla phase -1,A/H/O Fall o:fheavy object over
patient and buried under debris near Okhla phase --I (5) MLC No.500391889/23
PT.MATU SINGH S/o Unknown age -50 yrs Rio H.No. 105 Sanjay colony Okhla
Phase --II A/H/0 Fall of heavy object over patient and buried under Debris Near
Okhla phase-I declare brought dead (6) MLC No.500391895/23 PT. Arun kumar
S/o Tanik lal Mandal Age -27 yrs.Rio Okhla phase-II Sanjay colony A/H/0 TSI
due to collapse of basement while working in okhla phadse-II. (7) MLC number
5003 91896 23 PT Nirmal Kumar s/o Decpak Mishra phase II Delhi A/H/0 TSI
due to collapes of basement working in Okhla phase II (8) "MLC number 500 391
897 23 Mr Jal Dhar S/o Sukhdev is 45 years resident of Okhla phase second
A/H/0/TSI due to PT collapse of basement while working in Okhla phase II all
MLC were collected by me and went lo the spot DD number 71 A is a General
diary district Smith East Delhi vs section P.S/Sector Okhla Industrial Area GD

(' .
59
number 0071 date 24th August 2023 time 16.52.45 entry mate for rank name PIS
@
number of police officer Head Constable Dhannendra Meena 280 94500 GD type
PCR call GD subject information at PCR call assigned to HC head constable
Naresh Ram Meena 2810 117616309 incident address A 99/1 Okhla phase 2 near
Sanjay Colony incident description barabar wali building mein kam chal raha tha
khudai kar rahe the upar ka Malwa Aakar gir Gaya hai S anjay Colony Road per
adami dabe hue hain abi malbe mein ek photo nikal liya hai yah se se builder bhag
gaye hain mauke se mobile number 9219 759 951, 9212 759951 from constable
Aakansha Malik no 8217 PCR call informed to CCTNS computer submitted DD
entry through Naresh 3867 I SE who went to the spot and will take action lost by
DO note computer copy signature SD English had constable Dhannendra Meena
no 2809 4500 ISI prepared DD number 71A and made registered.Investigation is
held by SHO , SI himself

During investigation crime team inspected the spot and lifting the earth and bricks
give to me I, SI separated the earth and bricks kept in white cloth and prepared
pulanda and taped and stamped with SK as evidence taken in the custody during
investigation I, SI got the sandals of the labour on the spot which were in number
5 and sunk with the earth. Labours sandals kept in white cloth and prepared
pulanda and it was stamped as SK.

Police seized Barn Fard as evidence .Man SI prepared the map based on his own
observation .which is the map chance luff file.

During the investigation, on 25.08.2023, Man SI interrogated the accused Tarun


Garg S/o Jagdish Garg R/o A-1/40 ,211d floor ,Panchsheel Enclave ,New delhi
.after declaring the situation as a case in the police station Haja and started
interrogating him. who told my inquiry ,I run a proprietorship firm in the name
of Lord Krishna Handikraft Exports. The address of my office is D-49,EPJP
,Greater Noida Gautam budhh nagar U.P. I have plot No.98/30, okhlan Phase JI
when I bought this plot from Mr. Pramod Kothari on O I .05 .2023, it was 3 storeyed
60
with full basement .after that I took permission /sanction plan from MCD. Started

the demolition work after taking all the approval from MCD.Yesterday .on

24.08.2023.the rear side wall collapsed in which 13 people were trapped J did
not follow any safety norms regarding permission due to which the SI accused
Tarun Garg after investigation .Jabta arrested .Complete all the documents related
to the arrest .The guidelines of the Honorable Supreme court were followed
during the arrest.Man SI told accused Tarun Garg that this crime was bailable .on
which accused Tarun Garg told Nitin Gupta S/o Sh.S.C. Gupta presented his
surety to R/o B-28/4 ,FF Amar Colony .Lajpat nagar .New Delhi,After getting the
satisfaction documents,the SI released pur bail bond & Personal bond accused
Tarun Garg on police bail and handed him over on bail in good condition.during
investigation ,SI Along with our staff HC Arvind No.1625/SE Case Haja Me
Deceased Matu Sarkar S/o Lalit Narayan Rio F-105 Sanjay colony ,Okhla Phase-
II New Delhi and deceased Raman kumar S/o Vinod Shah Rio Village Kathi .post-
Bicchi Chancher ,Distt.PM reached AIIMS New Delhi to get the baraye of
Munger.Bihar done where Man SI identified the dead bodies of deceased Mantu
Sarkar and deceased Raman kumar see PM No.832/23 of deceased Mantu Sarkar
and Vide PM no.post Mortem of 833/23 of deceased Raman kumar was done and
later the dead body was handed over to PM Warishan.

After this HC Arvind No. 1625/SE Man S. Santosh Kumar and brother Sushi!
Mulani, son of deceased Matu Sarkar were present at the hospital and deceased
Raman Kumar's father Shri Vinod Shah and brother Pawan Kumar were present
at the hospital. Due to which the SI brought peace to the inquiry by narrating the
different circumstances of the case and gave different statements U/s 161 CrPC
of whatever was told during the interrogation. Mr. Vinod Shah Sio Sh. Govind
Shah Rio F-7. Sanjav Colony, Okhla-Il. New Delhi told that I am originallv a
resident of village Kathani, Po Bichhi Chachar, district Munger, Bihar. I work as
a laborer. My younger son Raman Kumar used to work as a laborer with Mantu .

i:r ·~·
61
On 24.08.2023, my younger son Raman Kumar had gone to work at 98/3, Okhla
Phase 2. Who was in his village at that time. At around 6 o'clock, my brother-in-
law Mahesh Shah told me that the wall where Raman used to work had collapsed
and all the laborers were buried under the mud and Raman had died. Joe Raman
was about 18 years old. The owner of 98/3, Okhla Phase 2 is responsible for my
son's death, due to whose negligence my son died. Today, after getting me
identified at AIIMS, New Delhi, you got the post mortem of my son Raman's
dead body done and after the post mortem, you handed over my son Raman's dead
body to me.

Mr. Pawan Kumar S/o Sh. Vinod Shah Rio, Village Kathani, P.O. Bichhi Chachar,
District Munger, Bihar told that 'My younger brother Raman Kumar lived on rent
in Sanjay Colony, Okhla, Delhi and used to work as a laborer. On 24.08.2023,
around 6 o'clock, I got a call from my uncle Mahesh Shah that the wall where
Raman used to work had collapsed and all the laborers were buried under the mud
and Raman had died. Who was about 18% of my brother Raman's age. Who is
responsible for my mother's death is the owner of 98/3, Okhla Phase 2, due to
whose negligence my brother Raman died. Today, after getting me identified at
AIIMS, New Delhi, you got the post mortem of my brother Raman's dead body
done and after the post mortem, you handed over my brother Raman's dead body
to me.

Santosh Kumar Sio Late Mantu Sarkar Rio F-105, Sanjay Colony, Okhla-Il, New
Delhi told that 'I live with my family on the above mentioned address and study
in 8th class in a government school in Harkesh Nagar. On 24.08.2023, my father
went to work at 98/3, Okhla CAS-2 at 9 am. Where my father got buried along
with other laborers due to the collapse of the wall in the evening and died. Yes,
the owner uf 98/3, Okhla Phasc-2 is responsible fu1- my father's death,

The reason is a ghost. Yes, today you attended AIJMS. After getting the main
identification done in New Delhi, my father got the post mortem of Mantu

-- ----
_..
62
Sarkar's dead body done and after the post mortem, my father handed over the
dead body of Mantu Sarkar to me.

aft Sushil S/o Lalit Singh Flo F-105, Sanjay Colony, Okhla-ll, New Dets told that
I live with my family at the above address and work as a labourer. My elder
brother Mantu Sarkar used to work as a labourer. On the date of 24.08.2023, my
brother had gone to work on 9813 Okhana Paper-Z, Who was in his village in
Bihar that day. Ji called me from Delhi in village Wajj and told me that due to the
collapse of the wall where Man tu worked, Man tu Sarkar was buried along with
other laborers and Mantu Sarkar has died. Who is the owner of 9813, Okhla Phase-
2, responsible for the death of my brother Mantu Sarkar. Due to whose negligence
my brother died. Today, after getting me identified at AIIMS, New Delhi, you got
the post mortem done on the dead body of my Aai Mantu Sarkar and after the
post mortem, you handed over the dead body of my Aai Mantu Sarkar to me.

During the investigation on 13.10.2023, Man SI registered the case in case Raja,
MLC No. 500391885123 ofinjured Devender, MLC No. oflnjured Nitish Kumar.
500391882/23 and Injured Gulshan's MLC No. Opinion obtained from AIIMS
Trauma Cantre on 500391884/23. Who injured Devender's MLC No. On
500391885123, Dr. Saheb lodged a complaint regarding Nature of Injury Simple
Kind of Weapon used NIA. Injured Nitish Kumar's MLC No. Dr. Saheb filed a
complaint on 500391882123 with Nature of Injury 'Grievous a Kind of Weapon
used NIA' and Injured Gulshan's MLC No. On 50039 [884/23, Dr. Saheb filed a
complaint of Nature of Injury 'Grievous' a Kind of Weapon used NI A. In which
case Uls 338 IPC was added.

During. the investigation. on 15.10.2023. Man Sl registered the case in Haja, MLC
No. of injured Jaldhar: 500391897123, MLC No. of Injured Nirmal Kumar.
50039 J 896123 and Injured Arun Kumar ft MLC No. Opinion obtained from

- (~
l
63
AIJMS Trauma Center on 500391895/23. \Vho injured Jaldhar's MLC No. On
500391897/23, Dr. Sahan filed a complaint regarding Nature of Injury "Simple
Kind of Weapon used 'Blunt'".

Simple Kind of Weapon used 'Blunt' complaint filed and Injured Arnn Kumar's
MLC No. On 500391895/23, Dr. Saheb filed a complaint of Nature of Injury
'Simple' a Kind of Weapon used 'Blunt'.

During investigation, SI filed PM Report No. of deceased Mantu Sarkar S/o Lalit
Narayan in case Haja. 832/23 and PM Report No. of deceased Raman Kumar Sio
Vinod Shah. 833/23 obtained from JPNATC, AIIMS, New Delhi. PM Report No.
of deceased Mantu Sarkar Slo Lalit Narayan. On 832/23, Dr. Saheb filed a
complaint with the opinion: The cause of death to the best of my knowledge and
belief is ante-mortem injury sustained to chest, caused by blunt force, possible in
a circumstance as mentioned in inquest papers. 11 And the deceased Raman Kumar
S/o Vinod Shah's PM Report No. 833/23: Opinion: The cause of death to the best
of my knowledge and beliefis due to compression of chest as a result of traumatic
asphyxia, possible in a circumstance. as mentioned in inquiry papers." Filed a
complaint. Which is PM Rep011 Luff file.

During investigation SI has registered case in case (1) Injured Nitish Kumar S/o
Anil Kumar R/o F-132 Sanjay Colony, Okhla-Il, New Delhi (2) Injured Gulshan
Slo Nand Kishore Rio F-132, Sanjay Colony, Okhla-Il, New Delhi (3) Injured
Jaldhar S/o Sukhdev Singh Rio F-250, Jiwan Jyoti, Rajiv Chowk, New Delhi (4)
Injured Arnn Kum.ar S/o Tanik Lal Rio Village Gokul Chat, PS Harpur, Post
Tethiya Gumber, Distt. Khadakpur, Bihar (5) Injured Devender S/o Ram Vilas
Prasad R/o A-99/1, Okhla Phase-ll, New Delhi and (6) Injured Nirmal S/o Late
Jitender Prasad Rio F-28/4, Rajiv Colony, JJR. Camp, New Delhi, after narrating
the circumstances to Baja, the interrogation was carried out, who wrote a
statement (I/s 161 CrPC) of whatever he told during the interrogation.
64 . ..----..

Which Injured Nitish Kumar S/o Anil Kumar told that I know about the above.

I have been living on rent for about 1 year and am originally' a resident of village
Kalyanpur, police station Tarapur, district Munger, Bihar. I work as a laborer. On
24.08.2023, I, Devendra, Gulshan, Jaldhar, Nirmal, Arun, Matu Sarkar and
Raman Plot No. 98/3, Okhla Phase-I. Were working on. Anew building was being
built there. There suddenly the wall of the building collapsed and we all were
buried under the wall. which there A crowd of people gathered and pulled us out
from the debris. That Sanjay had become unconscious. Now when I regained
consciousness, I was also in AIIMS Trauma Centre. Which broke my leg. After
which I came to know that Malu Sarkar and Raman, who worked with me, have
died."

Injured Gulshan Sio Nand Kishore told that "I have been living on rent at the
above address for about 4 years and am originally a resident of village Sultanpur,
police station Sakuk, district Bhagalpur, Bihar. I work as a laborer. On
24.08.2023, Nitish, Arun and Raman were working on Plot No. 98/3 which was
being constrncted there suddenly. The wall of the building had collapsed and a
crowd of people had gathered there and I had become unconscious. At that time
I was admitted in the hospital and I came to know later that my colleague Matu
Sarkar and Raman had died.

Injured Jaldhar S/o Sukhdev Singh told that 'I live on rent at the above address
and am originally a resident of village Aruna Bazar, police station Harpur, Po
Ram Charitra Maidan, district Munger, Bihar. I work as a laborer. On 24.08.2023,
I, Devendra, Gulshan, Nitish, Nirmal, Arnn, Matu Sarkar and Raman Plot No.
98/3, Okhla Phase- I. Were workinz '-
011. Which was a new building.... being built
'-

there. There suddenly the wall of the building collapsed and we all were buried
under the wall. A large crowd of people gathered there and people pulled us out
65
from the debris. After which the police admitted us to AIIMS Trauma Center
where I was treated. Later I came to know that Matu Sarkar and Raman, who
worked with me, had died."

Injured Arun Kumar S/o Tanik Lal told that "I am a resident of the above address
and I work as a laborer in Delhi. I had come to Delhi some time ago. I, Devendra,
Gulshan, on 24.08.2023 Nitish, Matu Sarkar and Raman were working on Plot
No. 3, where the wall of the building suddenly collapsed. A crowd of people
gathered there and pulled us out from under the debris.

Later the police admitted us to AIIMS Trauma Center where I was treated. Yes,
later I came to know that Malu Sarkar and Raman, who worked with me, had
died.

Injured Devender Sto Ram Vilas Prasad told that I live on rent at the above
address and basically Village Dhouri, PS Harpur, Distt. I am a resident of Munger,
Bihar and I work as a laborer in Delhi. On 24.08.2023, I, Gulshan, Nitish, Nirmal,
Arnn, Jaldhar, Mat Sarkar and Raman Plot No. 98/3, Okhla Phase-II Were
working on. A new building was being built there. There suddenly the wall of the
building collapsed and we all were buried under the wall. Many people gathered
there and they pulled us out from the debris. Which hurt me a lot and I had a lot
of pain in my back. After which the police took us to AIIMS Trauma Center where
I was treated. Later I came to know that Matu Sarkar and Raman, who worked
11
with me, had died.

Injured Nirmal S/o Late Jitender Prasad told that "I live on rent at the above
address and am originally a resident of Village Fasiyabad, PS Khadakpur, Distt.
Munger, Bihar and I work as a laborer in Delhi. On 24.08.2023, I, Nitish, Jaldhar
and Raman were working 011 Plot No. 98/3, which was sudden lv being:
constructed there. The wall of the building bad collapsed and we were all buried
under the wall. A crowd of people gathered there and pulled us out from under
66
the debris. At that time I felt dizzy and my hands and legs were badly hurt. After
that the police admitted me to AIIMS Trauma Center where I came to know that
Malu Sarkar and Raman who worked with me had died.

During the investigation, SI arrested PCR Caller Naveen Kumawat S/o Sh. at the
time of the incident. Jagdish Prasad Rio 22/650, Barai Road, Bahadurgarh,
Haryana Mob. 9212759951, the situation was reported to Haja and the inquiry
was carried out, who wrote a separate statement U/s 161 CrPC of whatever he
told during the inquiry, which is as follows "I stated that I live with my family at
the above address and Manoj I work as a salesman in Plastics, A-99/1, New Delhi.
Construction work was going on in our adjacent building A-98/3, Okhla Phase-
il, which was dated 24.08. A Time 2023-4 at 30PM Building A-98/3,
Okhla Phase-II, New Excavation work was going on in Delhi and laborers were
working in it. While doing the digging work, debris from the top of the building
fell due to which the laborers were buried under the debris. Seeing all this I
immediately called the police. The police had come to the spot and with the help
of people, removed the debris, took out the laborers and sent them to the hospital
by ambulance. Today you interrogated me and recorded my statement. Whatever
I have read, heard and understood is fine."

During investigation, SI searched Property No. 98/3, Okhla Phase-ll. Got the Sale
Deed of New Delhi verified by Sub Registrar, Kalkaji, which was found to be
correct. Which is Verification Report Luff file. Statement U/s 161 CrPC was
written in the case. The investigation of the case till now and the evidence
obtained from the evidence have revealed enough evidence against the accused
Tarun Garg S/o Jagdish Garg, Address Khana No. 11, that the challan U/s
288/338/304A IPC has been cleared after passing the challan on Thursday. /s
288/338/304A IPC is prepared a11J presented Lu the court. The accused Taruu
Garg S/o Jagdish Garg is on Police Bail. The case should be approved by Haja.
67
After this Man S. Santosh Kumar and brother Sushil Mulani, son of deceased
Matu Sarkar were present at the hospital and deceased Raman Kumar's father Shri
Vinod Shah and brother Pawan Kumar were present at the hospital. Due to which
the SI brought peace to the inquiry by narrating the different circumstances of the
case and gave different statements U/s 161 CrPC of whatever was told during the
interrogation. Mr. Vinod Shah Sio Sh. Govind Shah Rio F-7, Sanjay Colony,
Okhla-11, New Delhi told that I am originally a resident of village Kathani, Po
Bichhi Chachar, district Munger, Bihar. I work as a laborer. My younger son
Raman Kumar used to work as a laborer with Mantu. On 24.08.2023, my younger
son Raman Kumar had gone to work at 98/3, Okhla Phase 2. Who was in his
village at that time. At around 6 o'clock, my brother-in-law Mahesh Shah told me
that the wall where Raman used to work had collapsed and all the laborers were
buried under the mud and Raman had died. Joe Raman was about 18 years old.
The owner of98/3, Okhla Phase 2 is responsible for my son's death, due to whose
negligence my son died. Today, after getting me identified at AIIMS, New Delhi,
you got the post mortem of my son Raman's dead body done and after the post
mortem, you handed over my son Raman's dead body to me.

Mr. Pawan Kumar S/o Sh. Vinod Shah Rio, Village Kathani, P.O. Bichhi Chachar,
District Munger, Bihar told that 'My younger brother Raman Kumar lived on rent
in Sanjay Colony, Okhla, Delhi and used to work as a laborer. On 24.08.2023,
around 6 o'clock, I got a call from my uncle Mahesh Shah that the wall where
Raman used to work had collapsed and all the laborers were buried under the mud
and Raman had died. Who was about 18% of my brother Raman's age. Who is
responsible for my mother's death is the owner of 98/3, Okhla Phase 2, due to
whose negligence my brother Raman died. Today, after getting me identified at
AJTMS, New Delhi, you got the post mortem of my brother Raman's dead body
done and after the post mortem, you handed over my brother Raman's dead body
to me.
68
Santosh Kumar Sio Late Mantu Sarkar RJo F-105, Sanjay Colony, Okhla-Il, New
Delhi told that 'I live with my family on the above mentioned address and study
in 8th class in a government school in Harkesh Nagar, On 24.08.2023, my father
went to work at 98/3, Okhla CAS-2 at 9 am. Where my father got buried along
with other laborers due to the collapse of the wall in the evening and died. Yes,
the owner of 98/3, Okhla Phase-2 is responsible for my father's death.

The reason is a ghost. Yes, today you attended AIIMS. After getting the main
identification done in New Delhi, my father got the post mortem of Mantu
Sarkar's dead body done and after the post mortem, my father handed over the
dead body of Man tu Sarkar to me.

aft Sushil S/o Lalit Singh Flo F-105, Sanjay Colony, Okhla-ll, New Dets told that
I live with my family at the above address and work as a labourer. My elder
brother Mantu Sarkar used to work as a labourer. On the date of 24.08.2023, my
brother had gone to work on 98/3 Okhana Paper-Z. Who was in his village in
Bihar that day. Ji called me from Delhi in village Wali and told me that due to the
collapse of the wall where Mantu worked, Mantu Sarkar was buried along with
other laborers and Man tu Sarkar has died. Who is the owner of 98/3. Okhla Phase-
2, responsible for the death of my brother Mantu Sarkar. Due to whose negligence
my brother died. Today, after getting me identified at AIIMS, New Delhi, you got
the post mortem done on the dead body of my Aai Mantu Sarkar and after the
post mortem, you handed over the dead body of my Aai Mantu Sarkar to me.

During the investigation on 13.10.2023, Man SI registered the case in case Baja,
MLC No. 500391885/23 of injured Devender, MLC No. oflnjured Nitish Kumar.
500391882/23 and Injured Gulslian's MLC No. Opinion obtained from AIIMS
Trauma Cantre on 500391884/23. 'Nho injured Devender's MLC No. On
500391885/23, Dr. Saheb lodged a complaint regarding Nature of lnjury Simple
Kind of Weapon used NIA. Injured Nitish Kumar's MLC No. Dr. Saheb filed a
complaint on 500391882/23 with Nature of Injury 'Grievous a Kind of Weapon

ffl r- "Vt• ..___ - - --~


69
used NIA1 and Injured Gulshan's MLC No. On 500391884123, Dr. Saheb filed a
complaint of Nature of Injury 'Grievous' a Kind of Weapon used NI A. In which
case Uls 338 IPC was added.

During the investigation, on 15.10.2023, Man SI registered the case in Haja, MLC
No. of injured Jaldhar: 500391897/23, MLC No. of Injured Nirmal Kumar.
500391896123 and Injured Arnn Kumar ft MLC No. Opinion obtained from
AIIMS Trauma Center on 500391895123. Who injured Jaldhar's MLC No. On
500391897123, Dr. Sahan filed a complaint regarding Nature of Injury "Simple
Kind of Weapon used 'Blunt"'.

Simple Kind of Weapon used 'Blunt' complaint filed and Injured Arnn Kumar's
.
MLC No. On 500391895123, Dr. Saheb filed a complaint of Nature of Injury
'Simple' a Kind of Weapon used 'Blunt'.

During investigation, SI filed PM Rep011 No. of deceased Mantu Sarkar Slo Lalit
Narayan in case Haja. 832123 and PM Report No. of deceased Raman Kumar Sio
Vinod Shah. 833123 obtained from JPN ATC, AIIMS, New Delhi. PM Rep011 No.
of deceased Mantu Sarkar Slo Lalit Narayan. On 832123, Dr. Saheb filed a
complaint with the opinion: The cause of death to the best of my knowledge and
belief is ante-mortem injury sustained to chest, caused by blunt force, possible in
a circumstance as mentioned in inquest papers." And the deceased Raman Kumar
Slo Vinod Shah's PM Report No. 833123: Opinion: The cause of death to the best
of my knowledge and belief is due to compression of chest as a result of traumatic
asphyxia, possible in a circumstance. as mentioned in inquiry papers." Filed a
complaint. Which is PM Report Luff file.

During investigation SI has registered case in case (1) Injured Nitish Kumar Slo
Anil Kumar Rio F-132 Sanjay Colony. Okhla-Il. New Delhi (2) Injured Gulshan
Slo Nand Kishore Rio F-132, Sanjay Colony, Okhla-Il, New Delhi (3) Injured
Jaldhar Slo Sukhdev Singh Rio F-250, Jiwan Jyoti, Rajiv Chowk, New Delhi (4)
70
Injured Arnn Kumar S/o Tanik Lal Rio Village Gokul Chat, PS Harpur, Post
Tethiya Gumber, Distt. Khadakpur, Bihar (5) Injured Devender S/o Ram Vilas
Prasad Rio A-99/1, Okhla Phase-ll, New Delhi and (6) Injured Ninnal S/o Late
Jitender Prasad Rio F-28/4, Rajiv Colony, JJR Camp, New Delhi, after narrating
the circumstances to Haja, the interrogation was carried out, who wrote a
statement (I/s 161 CrPC) of whatever he told during the interrogation.

Which Injured Nitish Kumar S/o Anil Kumar told that I know about the above.

I have been living on rent for about 1 year and am originally a resident of village
Kalyanpur, police station Tarapur, district Munger, Bihar. I work as a laborer. On
24.08.2023, I, Devendra, Gulshan, Jaldhar, Nirmal, Arun, Matu Sarkar and
Raman Plot No. 98/3, Okhla Phase-I. Were working on. Anew building was being
built there. There suddenly the wall of the building collapsed and we all were
buried under the wall. which there A crowd of people gathered and pulled us out
from the debris. That Sanjay had become unconscious. Now when I regained
consciousness, I was also in AIIMS Trauma Centre. Which broke my leg. After
which I came to know that Malu Sarkar and Raman, who worked with me, have
died."

Injured Gulshan Sio Nand Kishore told that "I have been living on rent at the
above address for about 4 years and am originally a resident of village Sultanpur,
police station Sakuk, district Bhagalpur, Bihar. I work as a laborer. On
24.08.2023, Nitish, Arnn and Raman were working on Plot No. 98/3 which was
being constructed there suddenly. The wall of the building had collapsed and a
crowd of people had gathered there and I had become unconscious. At that time
I was admitted in the hospital and I came to know later that my colleague Matu
Sarkar and Raman had died.

Injured Jaldhar S/o Sukhdev Singh told that 'l live on rent at the above address
and am originally a resident of village Aruna Bazar, police station Harpur, Po

\ ~\. •,
~('
~.
r

--- ~
I \ »>
71
Ram Charitra Maidan, district Munger, Bihar. I work as a laborer. On 24.08.2023,
I, Devendra, Gulshan, Nitish, Ninnal, Arnn, Matu Sarkar and Raman Plot No.
98/3, Okhla Phase-I. Were working on. Which was a new building being built
there. There suddenly the wall of the building collapsed and we all were buried
under the wall. A large crowd of people gathered there and people pulled us out
from the debris. After which the police admitted us to AIIMS Trauma Center
where I was treated. Later I came to know that Matu Sarkar and Raman, who
worked with me, had died."

Injured Arnn Kumar S/o Tanik Lal told that "I am a resident of the above address
and I work as a laborer in Delhi. I had come to Delhi some time ago. I, Devendra,
Gulshan, on 24.08.2023 Nitish, Matu Sarkar and Raman were working on Plot
No. 3, where the wall of the building suddenly collapsed. A crowd of people
gathered there and pulled us out from under the debris.

Later the police admitted us to AIIMS Trauma Center where I was treated. Yes,
later I came to know that Malu Sarkar and Raman, who worked with me, had
died.

Injured Devender Sto Ram Vilas Prasad told that I live on rent at the above
address and basically Village Dhouri, PS Harpur, Distt. I am a resident of Munger,
Bihar and I work as a laborer in Delhi. On 24.08.2023, I, Gulshan, Nitish, Nirmal,
Arun, Jaldhar, Mat Sarkar and Raman Plot No. 98/3, Okhla Phase-II Were
working on. A new building was being built there. There suddenly the wall of the
building collapsed and we all were buried under the wall. Many people gathered
there and they pulled us out from the debris. Which hurt me a lot and I had a lot
of pain in my back. After which the police took us to AIIMS Trauma Center where
I was treated. Later I came to know that Matu Sarkar and Raman, who worked
with me, had died."
72
Injured Nirmal S/o Late Jitender Prasad told that "I live on rent at the above
address and am originally a resident of Village Fasiyabad, PS Khadakpur, Distt.
Munger, Bihar and I work as a laborer in Delhi. On 24.08.2023, I, Nitish, Jaldhar
and Raman were working on Plot No. 98/3, which was suddenly being
constructed there. The wall of the building had collapsed and we were all buried
under the wall. A crowd of people gathered there and pulled us out from under
the debris. At that time I felt dizzy and my hands and legs were badly hurt. After
that the police admitted me to AIIMS Trauma Center where I came to know that
Malu Sarkar and Raman who worked with me had died.

During the investigation, SI arrested PCR Caller Naveen Kumawat S/o Sh. at the
time of the incident. Jagdish Prasad Rio 22/650, Barai Road, Bahadurgarh,
Haryana Mob. 9212759951, the situation was reported to Haja and the inquiry
was carried out, who wrote a separate statement U/s 161 CrPC of whatever he
told during the inquiry, which is as follows "I stated that I live with my family at
the above address and Manoj I work as a salesman in Plastics, A-99/l, New Delhi.
Construction work was going on in our adjacent building A-98/3, Okhla Phase-
il, which was dated 24.08. .4 Time 2023-4 at 30PM Building A-98/3,
Okhla Phase-II, New Excavation work was going on in Delhi and laborers were
working in it. While doing the digging work, debris from the top of the building
fell due to which the laborers were buried under the debris, Seeing all this I
immediately called the police. The police had come to the spot and with the help
of people, removed the debris, took out the laborers and sent them to the hospital
by ambulance. Today you interrogated me and recorded my statement. Whatever
11
I have read, heard and understood is fine.

During investigation, Sl searched Property No. 98/3, Okhla Phase-II. Got the Sale
D--:cJ or New Delhi verificJ by Sub Rr..:gisLJ',11; Kalkaji, which was found Lu be
correct. Which is Verification Report Luff file. Statement U/s 161 CrPC was
written in the case. The investigation of the case till now and the evidence
73
obtained from the evidence have revealed enough evidence against the accused
Tarun Garg S/o Jagdish Garg, Address Khana No. 11, that the challan U/s
288/338/304A IPC has been cleared after passing the challan on Thursday. Is
288/338/304A IPC is prepared and presented to the court. The accused Tarun
Garg S/o Jagdish Garg is on Police Bail. The case should be approved by Haja,

1 7 .Refer information Send : Yes/No date: .

(attach acknowledgment)

Signature of J.O.
Submitting final report/chargesheet
Name: Satish Bhati
Rank: Sub-insp. No.DS 124
PS Okhla indl. Area, New Delhi

Signature of the officer-in-charge


Of police station (SHO)
Name: Sukhbir Singh Malik
Rank:Insp.No.D-1/1023
PS Okhla Indl. Area, New Delhi

Forwarded by the ACP


Name: Yogesh Malhotra
Sub-Division: Sarita Vihar
COA-1.MISSJONER UNDER
74 EMPLOYEE'S
CO~IPE~SATios
LAB (DISTT. SOUTH-EASTJ - ACT, 1923
OUR DEPARTMENT G
0;
LABOUR WELFARE CENTE~v;:-· NCT OF DEtru
GIRJ NAGAR KALKAJI N AL illlTKUNn KHA.Vo
UC1'>l{JflJ1ii/21 -=c' - ' EWDELHJ-110019

In tli1.' 111,,1tt r < I . ,-.. ~


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Snu. lh,l..m,1111 Vu 1 & 0, s, ANNEXURE "C"


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-:t•,,t \'o 126, P.S. R.1tl11 lllock
T" /l,l7,H'I Courts, Delln - I I 005~
-Caimant s Counsel

\Ifs
~runG,11g
( 0\\ 11 l r of I· ,lt lOI'})
98/3, Okhla Phase-2
Okhla Industrial Arca,
Nl'\\ Delhi - 110020

Also at:
Sh. Tarun Garg
R/o ·A·l/140, znd Floor
Panchsheel Enclave, New Delhi - 110020.
..-Respondent
ORDER

1. Whereas an accident intimation was received from SHO, Okhla Industrial Area dated
26.08.2023 along with FIR No. 0569 dated 24.08.2023 regarding injury/death of workers
deployed at construction site-98/3, Okhla Phase-2, Okhla Industrial Area. New Delhi-
110020. Another in rirnation of the same accident also came through Assistant Director,
Jndustrial.Safety & Health/Inspector under BOCW, GNCTD dated 31.08.2023 wherein
enquiry was sought w.r.t. BOCW registration status of the accident site by the employer.
Taking cognizance of the intimation, a notice u/s 10A of the Employees Compensation
Act, 1923' (hereinafter called the Act) was issued on 28.08.2023 by the then Ld.
Commissioner Employees Compensation. In the said notice, it was mentioned that two
workmen Late Sh. Haman S/o Sh. Vinod and Late Sh. Mantu Singh S/o Unknown both
succumbed to injury sustained during and in course of employment with the owner Sh.
Tarun Garg while working at employer's construction site at Plot No. A-98/3, Okhla
Phase-Z, New De/hi - 110020, also few others were stated to have got injured on the
same site.
'
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":- J 1._.,., l ·" · fl',p1'dl\1'h 11,n.ud, dl',llh r1111111•·n~ 1t1· 111 . I· 1 · · · •111<
.11,,rl·:-.,1,l ,k,·,•.1:-1-.I 1•,•1 :-1111~ ,'111111,,n•,•,. The ,111011111 I
·• t t.tt11.11c•1
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dt•m.llld ,fl ,Ill Ill I.I\ tll' 1\f l'I t: S,1111h r.,~l w1th111 ~l) ti 11· ( ( . l I >y w.iy ot
' ., • \ ), (I jl,l'l!-lllg (I tht• Ill'((• ,. I
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F . I • ,1 1' . c. t ,,r, <· .,yrd P••} lllt'nl
\II l lt I •• l ,11 un l,.ug \\ ·" dm·rtt•d hl ,lfljlt'.11' hl'lt11 t' lilt' n:c: (111 01 (Ill "'(llJ I .
h:..; ",·111t•n n•p\ \, rq:.11 d,
,,1111•r tn11111•tl workmen tilt' r,111,,, .. us ltt'l>11.L11 ,1tt•n1: wuh
t, ,, ,.11t1.H,,
· 1 · I • t I 1.1:-,•d upun 1h,·11·1w1Y1·nt.111l't•l 11•1111wr11·,·/i•
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3 l.it,'rl'll. cl.um.mt Smt. RuJ..m.rni n1•ri & Ors. h.ive llk'd thl'ir d.1im 1wtition u/s 2, 01· th,
• \ ' ·t \,1
1,, -·'
' ' ,\~.llll:.,{
' ~ I ll' r,'Sl'\'lh I cut S'I l, r,,ntll G.11~~ whn is ~l.1t1..•d to be till' owner " Of thee
l,n,h,r·1..\'ll:..trn\·th'll l,1l·t\ll'\' .tt IJH/ .3, Okhl.1 Ph.lSt'·:?, O!..hl.1 Ind I. Arr.,. New L)1•1hi- I 100l0
n'~tdrng ~H \· l l ~l) • .!1"' Hour. P.mchshcl'I End.l\'l'. N1,_•11· Dl•lhi. In the s.1itl pl'lit,on the
• S \\ ltl' S1111. l~ukm,llli D,·,·i stared th.H on 2·1.08.2023 • her hush
,l,'l'l',IS1..'tf
,, • •111cl I ... \ -SI 1. 't:
· .mtu ~.1rk.1r \\ .1:., ,, .ir!..111g .ilong wirh other labourers ,lt the constructlon sue. Further
.1lle~t'd th,H \\'hill' ,, orking they requested the respondent to provide safety & security
measures to them but lh~ respondent compelled them to do the work without providing
.my such measures. Resultantly, the old constructed walls collapsed and the Malw.i fell
upon the basement area and due to which her husband Sh. Mantu Sarkar and other
labour Sh. Raman died while few ocher labourers were injured. An FIR No. 0569/2023
dared 2-l.08.2023 \\'JS registered by PS Okhla lndl. Area u/s 288/337 /30-ti\ of IPC in this
connection. The postmortem of the deceased Mantu Sarkar was conducted by the
concerned Hospital. Further submitted that the parents of the deceased are pre-deceased
and they have given the confirmation that there are no other legal heirs of deceased
except for Smt, Rukmani Devi & 1 Ors. At the time of accident, the deceased is stated to be
of .}8 rears of age and was in good health condition c111d was also earning well for his
family and dependents, minor children, etc. The claimant stated thar they are entitled for
compensation of Rs.30,00.000/- from the respondent because of the alleged negligence
and carelessness on the pare of respondent causing danger to the life of the workmen
who were.working ar the construction site. They further stated they were working under
rhe employment of respondent Sh. Tarun Garg and the CEC has the jurisdiction to
entertain this claim. In the end, the claimants prayed C£C to pass appropriate order
granting them relief of death compensation including litigation charges, interest c1nd
penalty, etc. Along with the claim, claimants have filed supporting documents. like
affidavit, exemption of court fees, list of documents, aadha.ar card ,of the dependents and
FIR, ere.

4. Consequent upon receipt of the claim, a notice dated 02.11.2023 and 19.01.202~ was
issued for appearance of parties before CEC on 23.11.2023 and 21.02.202+ respl'Ctively,
On 23.11.2023, Sh. Nitin Gupta, AR appeared on behalf of respondept and 1;vas directed by
chis Court to file his WS on Next dace of hearing. The WS was not filed by respondent on
20.12.2023, 17.01.2024, 21.02.2024, 03.04.2024 and 30.05.20H.

5. Thercafre;, a Joint application was filed by the parties on dated 09.07.20H requesting th:
CEC for early hearing in this case, in view of a settleme~lt that had. ul_r~mly h.1~~e~t:-
bctween them after independent discussions. Taking cogmzance of this Jomt apphc.atton,
I

\
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,·;vs:d t'\t·u,.H~ 1:wr"' F-m; r.
C•.ncr SH1Ckw1
. _,....

...,·'

e ._'I:: : Ll,- ,:,,~4 ... - .. i.::· .~:i: =-~·c. Rd.m.mi D~v1 ~ Ors. moved an application for withdrawal
. ._,, ~~..• -:3.:n r,·:,L,:: ,., h;.:' \\ JS rHc,i l'-) her ,1gJinst the respondent Sh. Ta run Garg in view
,.,-: :~:~ st::'.t'mt':lt i::n,~t'f\\C~t t-y her Individually and directly with the respondent on
!:'~!:.::~ ci :1:r fJ:::•!y .. -\ t':~g \,. :th this applicatlon. she has filed affidavit. memorandum of
~:~:,•:::,:,:;L t?-,,'t,l,.\'i':~, \,: {)() .md ether amount rcceu cd I proposed to be received by
her, 5:.1~,':::,'::: c: S ·:t K,:,m.1m fl~'\ 1 ,, as recorded 0\'1.'r oath on 11.07.202-i in the
.
:'!'\:S,':~......, o: ;~(. !,~ ,·,·:.;;:-,.·! ~h A.I\. Sm£h
~ ,Hlll respondent Sh. Tarun Garf...
- ;·, l" •• ,.,,f..(,';_;,;: :=t·~ :t't":.,·:1t It.is taken place in this case between the parties; documented
::1 $!'..l~·e C'f terms & r,,1tttinons stnctly governed by ~loS dated 2-l.06.2024. Payment
c,'r:::s. ,::l,,:.,.1;::'-'=- .-!Jt-:>s .m.l e\ ents. amount, beneficiaries, etc all settled and adhered as
;·:r \k.. S. The :'.k::h.'r.,r~d.:: 1 of ..\il"t'l'lllt'nt and Settlement has not been recorded u/s 28
o: ,.~~· E:C ..\.:: : .,~3 .i::J :!it.' ,irplk.1Mc- rules as the same is not applicable in case or death.
T'=:t.' (£( s:(': t.·,~·:,::::i :-~.Ht.'lllt'nt uf claimants allows the application for withdrawal
;n::._•,Tc...,~ .·~ ,:i., .. ::.;.:, s ... c 6.1::0:-..i upon the terms & conditions as mentioned in the
:~·~:,: ...,1-;u~,fat:1 \,,- serrlemcnt. the claim filed by Smt. Rukrnani Devi &Ors. is hereby
~:$~'(lS&1or as \\1t!1..:r-a\\ n.

$_ PJ~6- are further . ,..-hise<l


. ro stricdy abide by the terms of l\loS dated 24.06.2024 and in
case cf any violation breach of i\loS. they would be at liberty to seek legal remedy.

Gi\ ~:1 i.ncer my hand and seal of this 72>~day of July. 202..J.,
\

~'O~~

;:>;?;~\
(U.K. SINHA)
COMMISSIONER
UNDER EMPLOYEE'S COMPENSATION ACT
.,
U.K SINHA.
cm.!t,'IS~IONEA
EMPLOYEES CDr.lP£NS..:.TION ACT. 1923

I'
77
. "
11.07.2024
Cl•:C/SEO/D/37 /23
·,
In I lu: 111:11 lt't 111':

~mt. l,!11kn1n111 lkv, Iv. Or:-i.
\.' s
'1'11n1n U:1rg

t'bhn,11,1: S1111. Rukmani Devi & Ors. a/w Sh. /\.K. Singh (AR) &
S111l. Bccnu Singh (AR)

l~t'sp.: Sh. Tarun qarg

Statement of Smt. Rukmani Devi W /o Late Sh. Mantu


1,1 I
Sarkar
,
aged
• '

about 39 years, currently residing at F-105, Sanjay Colony, Okhla


Industrial Estare, Phase-Z, New Delhi - 110020.

I have filed the death claim petition under EC Act, 1923 claiming
death compensation of my deceased husband Late Sh. Mantu Sarkar who
met with an accident while performing construction related work at the
site A-98/ 3, Okhla Phase-Z, New Delhi - 110020.

As such, I am filing Copy of MoU, copy of cash receipt vouchers,


Copy of challan, Copy or transactions detail dated 26.08.2023, Copy ~f
DD's as exhibited CW-1/ 1 running into 26 pages. We (Me & Sh. Tarun
Garg) relying the settlement deed/Memorandum of Settlement having our
signatures at point 'A' and 'B' along with the documents I have annexed.
' l ! ·- .. ,. .,.,
have received to\al amount of compensation sum of
l<s.11,54 ,000 / - (Eleven Lakhs Fifty-Four Thousand Only) from Sh. Tarun
Garg S/o Jagdish Chand Garg R/o A-1/40, Second Floor, Panchsheel
Enclave, New Delhi - 110017.as settlement to the case filed. by me under
EC Act, 1923. .

The above settlement has taken place mutually on 11.07.2024


which is out of the Court.

l am giving the statement before the CEC without any coercion,


external pressure from anyone including Sh. Tarun Garg, CEC and any
court official. \ .

~~
'"Kl·J'.'~f ~'-l~>Y)q~~ &rv 1•
lU Jt Srnh:3.J
OEd
. 1 tle~h'ry c I·~ ~l" h'~'oh .«
t~\M-1 s.:v{\A A~.
, ,~ l ~ ~
-- 78
BEFORE SH. U.K SINHA, JOINT LABOUR COMMJSSJONER, SOUT
EAST DISTRICT. GIRi NAGAR,GOVINDPUIU, NEW onuu

IN RE:

RUKMANI DEVI & ORS .... CLAIMANT

--VERSUS--

TARUNGARG ... RESPONDENT/MANAGEMENT

APPLICATION FOR \VITHDRA \VAL OF CLAf M PETITfON FILED I3Y TI fE


CLAIMANTS AGAINST THE RESPONDENT UNDER SECTION 22 OF THE
EMPLOYEES COMPENSATION ACT 1923 READ WJTI l WORKM/\NS
COMPENSATION RULES, J 924

MOST RESPECTFULLY SUBMITTED: ·

l. The applicants herein arc the Claimants/Petitioners in the above captioned

matter pending before this Hon'blc Commission which is listed for further
I
'
proceeding on 05.08.2024. \

2. The parties in the captioned matter have arrived at a settlement out of their
'.
own volition and accord and without anv., undue in flu en cc, fraud, threat or

coercion.

3. Thus, in consonance with settled Lm~ including but not limited to Section
I

22 of the Employees Compensation Act, the parties have arrived at a


·'

., ., .
t ,
'
l '
. ·.i.,
I
I 79
mutually agreeable settlement pursuant whc.rcto they have duly executed

a Settlement/Compromise Agreement which is annexed along with this

application. !he contents of the same may be read as part of this application

and same are not being repeated herein for the sake of brevity.

4. The terms of Settlcrnent/Comprom ise Agreement arc fair, just, reasonable

and beneficial for both parties.

s. This application is being made bonafide and does not cause any prejudice

to any party.

6. That due to above mentioned facts, now the Petitioners intends to withdraw

the claim petition, hence it is appropriate to allow the petitioners and grant

permission to withdraw the claim petition on the terms and condition as

mentioned in the settlement deed and payments made to the

claimants/applicants after satisfaction.

PRAYER
In the prevalent facts and circumstances it is most respectfully prayed that

this Hon 'ble Commission may kindly be pleased in the interests of Justice to:

1. allow the Claimants to withdraw the claim Petition in the interest of justice;

11. Pass any other order/orders that this cornmrssion deems fit, proper and
necessary in the interests of Justice.

~,,
f ~

,
..

..;;~
~-·"',

,:,
1,,. . .. .
80
VERIFICATION:
-
Verified at New Delhi this Day of 3rd July, 2024 that the contents of the

above application are true and correct to the best of my knowledge and nothing

material has been concealed therefrom

DATED: 03.07.2024
PLACE : NEW DELHI
81
BEFORE SH. U.K SINHA, JOINT LABOUR COMMISSIONER SOUTH
EAST DISTRICT. GIRJ NAGAR,GOVINDPURJ, NEW DELHI

IN R£:

Rukmani Devi & Ors .... CLAIMANT


--VERSUS--

Tarun Garg ... RESPONDENT/MANAGEMENT

AFFIDAVIT

J, Rukrnani Devi, aged about 39 years W/0 Late ~antu Sarkar RIO F-105,
Sanjay Colony, Okhla Phase-II, Okhla Industrial Area, New Delhi-20 do hereby
solemnly affirm and declare as under.-
l.That the deponent is the claimant no. I and mother of claimant no.2 to 5 in the
above noted claim petition and is well aware of the facts and circumstances of the
case and as such is competent to swear this affidavit.
2. That the contents of the accompanying application have been drafted by my
counsel under my instruction and the contents of the same are true and correct
which are read over to me in my vernacular and understood by me and the same
may be treated as part and parcel of my present affidavit as the same are not
repeated herein for the sake of brevity.
~~
DEPONENT
VERJFICATUON

Verified at Delhi on this 3rd Day of July 2024, that the contents of the affidavit
are_ true and correct of my knowledge and nothing material has been concealed
therefrom. ~

~
DEPONENT

I
19~ ~0'~<
~~~
.~, ~--
~W~----
~~,. 1, ,t~1 f,;~(f] .
1 • •:' !
82
MEMORANDUM OF SETTLEMENT

This Sctttcrncnt/Compromise deed is executed at New Delhi on 24th Day of June 2024,

(3ct\\'CCl1 Smt. Rukrnani Devi \V/o Late Mantu Sarkar aged about 39 years. RIO F-105, r

Sanjny Colony, Okhla Phase-II, Okhla Industrial Arca. New Delhi-I I 0020 (Hereinafter

=----· --"~d the FIRST PARTY)

AND

Tarun Garg Slo Sh. Jagdish Chand Garg, aged about 43 years, Rio A-1/40, Second

ir, Panchsheel Enclave, New Delhi-I I 0017 (Hereinafter called the SECOND

[EREAS the husband of the First party SH. Man tu Sarkar while working on the site

he Second Party i.e A-98/3, Okhla Industrial Arca, Phase-II, New Delhi-110020,

:r being hired by the contractor Sh.Khabeer, tragically on 24.08.23 during course of

------. employment an accident occurred at the said site of the Second Party on account of

'hich the husband of the First Party Sh. Mantu Sarkar passed away and FIR bearing

o.569 of 2023. Police Station Okhla Industrial Arca, Phase-I was registered UIS

)4A/337/338/288 !PC in this regard.

HEREAS the First Party have filed a claim/case in respect of death of her husband

ainst the Second Party which is pending before the office of Hon'blc Labour

immissioners, under Employees Compensation Act, South East District, Val Mukund

rand, Giri Nagar, Govind Puri, Kalkaji, New Delhi vide Claim petition No.

'f?.- r... • CE~/SED/D/37/2023.


"""'),,,\"""' I'\~'
83
\VI IEREAS the intervention of relatives , Friends .~ r•111,t~ rcspcctnhl f · b h
" c pl.:rsons o society ot

the pnrtics come lo conclusion to settle the mutter with their own sweet will and without

any fraud. coercion, undue pressure, fear, threats or nny undue influence from any

comer of whatsoever nature.

\VI IEREAS notwithstnnding the amount raised in the claim petition no.

CEC/SED/D/37/2023 pending before the I lon'blc Labour Commissioner's office, the

First Party out of her own sweet will and without any fraud. pressure, threat or any

undue influence exercised her right to settle the said claim petition upon receipt of

settled amount of Rs.11.54 Lakhs (INR Eleven Lakhs 8!, riny four Thousand Only).

\VI IEREAS Second Party for its part without prejudice to its right to contest the claim

petition on humanitarian grounds has agreed to pay a sum of Rs. 11.54 Lakhs to the

First Party in full and final settlement or and all or any claims that has been raised by

First Party in respect of the tragic demise or Mantu Sarkar,

NOW THIS SETTLEMENT DEED IS \VITNESSTII AS lJNDER-

I .That the said settlement was agreed in a full and final amount of Rs.11.54 Lakhs (fNR

Eleven Lakhs & Fifty Four Thousand Only) in which' the Second Party have already

paid Rs.Zlakhs (Two l.akh) on 26.08.2023 to First Party through NEFT in her bank

account vidc Transaction no.C728260823 I 53923 and Rs.1,54,000/-(INR One Lakh

Fi fly Pour Thousand Only) have been paid in cash as per nnncxu re-A attached to
84
First Party by the Second Party a Her receipt of vouchers and f · ·
, nut o remaining amount
of Rs.8 lakhs paid to First Party through :

(l).vidc Banker Cheque no. 742148 · on dated P' June 2024 for amount of

Rs.3,00,000/-(INR Three Lakh Only) drawn on SBI Bank, Okhla Indusrrial Arca

/Shahdnrn Branch has been received by the First Party on date 3rd July 2024 from the

Second Party

(11) And further vide Banker Cheque no.742139 on dated 3151 May 2024 for amount

of Rs. l,25,000/-(INR One Lakh Twenty Five Thousand Only) drawn on SBI Bank,

Okhla Industrial Arca /Shahdara Branch has been received by Kranti Devi legal heirs

of the deceased and the children of the First Party on date 3rct July 2024 from the Second

Party

(III) And further vidc Banker Cheque no.742138 on dared 3JS1 May 2024 for amount

of Rs.1,25,000/-(INR One Lakh Twenty Five Thousand Only) drawn on SBI Bank,

Okhla Industrial Arca /Shnhdnrn Branch has been received by Rukmani Devi for

minor SURA.I legal heirs of the deceased and the children of the First Party on date 3rd

July 2024 from the Second Party

(IV) And further vidc Banker Cheque no.742142 on dated 3 P' May 2024 for amount

ofRs.1,25,000/-(INR One Lakh Twenty Five Thousand Only) drawn on SBI Bank.

Okhla lndustrinl Arca /Shahdura Branch has been received by Rukmani Devi for

minor son SANTOSH legal heirs of the deceased and the children of the First Party on

date 3rd July 2024 from the Second Party


(V) And ru
r. 85
rther vidc Banker Cheque no.742143 on dated 3p1 May 2024 f
• or amount

of Jls. J • 25~ • OOO/-(INR One Lnkh Twenty Five Thousnntl


· Only) d rawn
. on SBI Bank,

Okhln lndustrinl Arca /Slmhdnrn Branch has been received by Rukmani Devi for her

minor son ANAND legal heirs of the deceased and the children of the First Party on

date 3rd July 2024 from the Second Party.

2. That the First Party indemnify and undertakes to confirm to Second Party that post

receipt of settled amount of Rs.\\ .54 Lakhs, the First Party including the legal heirs of

Late Mantu Sarkar binds herself to never claim any further compensation/even a single

Rupee from the Second party. for any reason or in any event in respect o f thc tragic death

of her husband and shall not file ay claim petition, application ad complaint before any

authority, Labour Court, Labour Commissioner, D~puty Labour Commissioner, Labour

Inspector etc. or in any other Act and in breach of the said terms the First Party shall

return a\\ the money received to the Second Party with simple interest @8% per annum

and in breach the Second Party shall have right to file the complaint/suit against the

First Party before appropriate forum.


. . d t\ at they shall not have any right left to file any type of
3 .That both the parties agree 1
. I l . s in any court of \aw/commissions against each other
further compensation c aim '

regarding the said tragic incident and amount paid.


. t li ble to pay any other additional compensation to the
4.That the Second Party is no ,a .
. d nditions of this Deed, the first Party
First Party after the completion of the terms an co
. d through fir~t Party shall not claim any
including the legal heirs represente
. f th Second Party after fulfilling all the
. or other expenses in future rom e
compensa t ion
. t/compromise deed.
Con dition of the said sett 1 emen
terms an d
86
l1Htl nflcr arriving at a settlement. both the parties will resp cc t each ot her m
. Ir.uture
5. ·

•and they will not indulge in any further dispute and shall not fil1 c any case against
. each

other •. neither the First Party nor any other LRs of deceased Mantu Sarkar will further

claim any compensation amount qua the death of Mantu Sarkar from the Second Party

in future.

6.That this settlement agreement is made without any admission of liability or fault by

either party, and it shall not be construed as an admission of any wrongdoing.

7.That both the parties agree to comply with all the terms and conditions of this

settlement agreement and to execute any further documents or take any further action

necessary to effectuate the terms of this agreement.

8. That the first party agree to appear before the Hon 'ble High court of Delhi as and

when called by the first party for Quashing of the afore-mentioned FIR against the First

Party.

w·HEREAS this compromise deed is made between both the parties on this 03rd

day of July 2024 at their mutual consent, and there is no fear, threat or undue

influence/pressure on the parties from each other.

WHEREAS the contents of this settlement deed have been read over and explain

to both the parties in their vernacular language,· which they understood as true and

correct thereafter the parties have put their respective thumb impression/signature on

this settlement deed in the presence of witnesses, who signed the present settlement as
87
witnesses after understood the contents of the settlement and verified the same from the

parties to this deed on the day, ~onth and year as mentioned above.

~
FIRST PARTY

1 ANAND SINGH (RUKAMANI DEVI)

Add: Bhadar Khurd Sarairaghunath RIO F-105, Sanjay Colony, Okhla-Il

Faizabad Bhiti Uttar Pardesh-224132 New Delhi

AadharNo. 892113052019

~
2. SATISH PRASAD SECOND PARTY

Add: H no. S-14/bSO J.J.R Camp t huts block-a (TARUN GARG)

Okhla phase 2, Okhla Industrial Area South Delhi RIO A 1/40, Second Floor,

Oelhi-110020 Panchsheel Enclave, New Delhi

Aadhar No. 5653 0081 7448


ANNEXURE·A
88
NAME: RUKMANI DEVI
TOTAL PAID BY CASH
DATE VOUCHER NO. AMOUNT
05.09.2023 1 15000
12.09.2023 2 18000
21.09.2023 3 12000
27.09.2023 4 10000
12.10.2023 5 14000
19.10.2023 6 15000
24.10.2023 7 16000
31.10.2023 8 11000
04.11.2023 9 14000
10.11.2023 10 14000
18.11.2023 11 15000
TOTAL 154000
89

S.NO DATE CHALLAN/UTR NO AMOUNT IN FAVOUR


01 26.00.2023 C72826082353923 INR 2,00,000/- RUKMANI DEVI
02 01.06.2024 742148 INR 3,00,000/- RUMKANI DEVI
03 31.05.2024 742139 INR 1,25,000/- KRANTI KUMARI
04 31.05.2024 742138 INR 1,25,000/- SU RAJ
05 31.05.2024 742142 INR 1,25,000/- RUKMANI DEVI
06 31.05.2024 742143 INR 1,25,000/- RUKMANI DEVI

1, Rukmanl Devi W/o Montu Sarakar . Aodhar number is 809359536042 received above
Draft/Banker Cheque from Tarun Garg.

SIGNATURE
90
-~
t,ob IJiiM,i41

View Transaction Details


Value Date: 2610812023 Entry Date· 26108/2023
Amount Type: Dr. Amount: INR 2,00,000.00
Sending Bank $52544337 Supplementary Details:
Ac1d1tional Details (Tag Reference for Account
86): OwnP.r
Transaction Remarks: C728260823153923/RUKAMANI DEVIi/

I Transaction Time: 2610812023 03:41 :58 PM


IST
Branch Name: SSI, NOIDA

Account Type: Current


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97

Firm's Name RECEIPT


NO. 0)
DATE. oS· o9 · ?D2'.;J
RECEIVEDwith thanks from (MON D) Ag G
'

the sum of Rupees (;;}le~ ::z1cAtlcwe4, 0~


_____________________
. ,.. ... ~
by~ue/Cash/~
\---

No - Oated osi, o9, w'1'\ Drawn on _

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STAMP ~
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Receipt Subject to Realization of Cheque
Signature
98

)..--

r Firm's Name NO..__ .il-!=----:---~


DAl£.

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the sum of Rupees 11:;\Jee"" ,b sv,J-,t;wC\A (')~


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Receipt Subject to Realizatio_n of Cheque


S\gnature
99

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/ firm's Name
NO. __ ~-L-----
DATE.

the sum of Rupees TweJ,ve. :::J:1 rM-tJ. cw-0! 0 J.:j


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______________________ byC~/Cash/llfaff

No - Dated oi' )• oC,, m).. ~ Drawn on__ -.-- _

In p~J"ifady,a11Ce payment on ale t<\J ):.,n(r\N\ f) c'\I\ \)I~ ~ f¥. \) N G (+fl~

Receipt Subject to Realization of Cheque


Signature
100

RECEIPT
NO. () l\
DATE.

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______________________ by~e/Cash/J)faff"

No Dated,<4'' O~f ~'2~ Drawn on _

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Rs. I \1 , ~ )r-
Receipt Subject to Realization of Cheque
Signature
101

--Ffrm'sName RECEIPT
NO. 0~
DATE. 'I)• )O • '11l 1-- ~

RECEIVED with thanks from T~&t\1 N b:t f\R ~


.

the sum of Ru pees hN )--:} e Ml \,._11"""'-c,.,w:4 ~


~
---~-----------------by _9leque/Cash/Dfaf('

No - Dated 12; Jo, '2-02..~ Drawnon __ - _

Rs. \~tr1A1}- REVENUE


STAMP
Receipt Subject to Realization of Cheque
Signature
102

Firm's Name RECEIPT


NO. . 0 6
DATE. 19 • )O' ~'2, 3

RECEIVEDwith thanks from TA tZ V f\.J {<)! (!g fu

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by C~e/Cash/J)J-61(
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No __ - Dated \~·lo· 2ol3 Drawnon _

Receipt Subject to Realization of Cheque


Signature
103

RECEIVED with thanks from Tii? \) ~ c~ Af?.. °'

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_____ _;__.. by 91eq{ie/Cash/.1Haft

No_~--· Dated~~·\O· l-02-~ Drawnon ·---------

Rs. r b ,o-tN I~
Receipt Subject to Realization.of Cheque
Signature
104

lrm's Name
RECEIPT
NO. . Dg
DATE. 3J · JD· '?-02, 3
RECEIVED with thanks ......A-f<.:. . L. .C. .:\')="-J-=-~6~tc..J[.U~-=~:,-----------
from_1i__.__

the sum of Rupees £Jwf411 :-fh Qaj~. ()~


\_..../
_____________________ by~e/Cash/[)J:af-t

No - Dated 31' Io· ?-013 Drawn on


---------

Rs. 1',,crvv1--
Receipt Subject to Realization of Cheque

Signature
105

Firm's Name RECEIPT


NO. . V1
DATE. b '-f , ) J • 'to '13

RECEIVED with thanks from =fAf \J ~ {:n AA ~

thesumofRupees_&~~~~e-~--~~~~t~~~D~~~~O~t~~~~~~~
~
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by_9leq{ie/CashtBTcfft

No __ - Dated D4•)J. 1-01.3 Drawnon _

Rs. _,~-1-(y-VC)----=-J_-_

Receipt Subject to Realization of Cheque


Signature
106

;',Firm's Name _ R.ECEIPT


NO. JO
DATE. J o ' J1 • 31 2.."\

RECEIVED with thanks from =f M\'.)~ {; Alt (~

\,,""'

,~------------------~byC)leqCfe/CashLG1'1ift

No Dated Jo,,), '2-ol~ Drawnon __ - _

In p~_!.11Jllfii¢urnce payment on ate 6?\J r. fl'AIJ I D f,V\ ~J~ :f'M IJ IV UM£ii _·

cr-w
Rs. __.__ft.,,_, l-__
Receipt Subject to Realization of Cheque

Signature i
t
107

RECEIPT
. NO. "
DATE. ' ~' II . 'J-0 J_ '?:,
RECEIVED with thanks from :1'.frfu /\J (~ 0-f 9

. \,../
______________________by ~que/Cash/DJ.a,ft

No_· Dated 1~·)1. '2-02.3 Drawnon _

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in partµuu/ad).lc3nce payment on ale
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c\2 bCD101vl

Rs. 1~ o-r,c }-- . : REVENUE:;>=


~ STAMP- \
Receipt Subject to Realization of Cheque
Sig~ature
108 I

I
COMMISSIONER UNDER EMPLOYEE'SCOMPENSA I
IDISTT. SOUTH-EAST) TIIN ACT,, 1?23
LABOUR DEPARTMENT GOVT OF NC
LABOUR WELFARE CEN1'ER B~ MU T OF DELHI
GIRi N AGAR l{AL ' KUND KHAND
CEC:/SED/U/36/23 3 o'l.' , KAJI NEW DELHI-1100~9 '
Dated ~ 3 [o"l /1.M
In the matter or: T - I

Smt. Sunita Devi &Ors


~:/o V1lbgc Kathm. Poxt Bli.:hcllhiCh~nchar
I h~rna T.1li,1 Bumlx-r
Di·arin Munger, Bih.ir u 1121,
...... Claimant

Sh Anil 1,umc1r Singh, Ailv.


Sc.u No. 126, P.S ltc1th1 Block
T1::, Hazan Courts, Delhi - 110054
\ .... Claimant's Counsel
' ' I
V/s
• I '

~arun Garg (Owner of Factory)


98/3, Okhla Phase-2
Okhla Industrial Arca, New Delhi -110020

/\bo al:
A·l/140. 21111 Floo:r
Parichsheel Enclave, New Delhi - 110020. . ..... Respondent
QROER

1. Whereas an c1c·('idcn1 1111,nwtion was received from SHO. Okhla ltndustrtal Area dated
tu.0!3 Z02'.1 ,1lc;11g wu h foll< No. 0569 elated 24.08.2023 regarding i~jury/dcath of workers
clcpluycd at constr «uun ::,ilc-98/3, Okhla Phase-Z, Ol<hla tndustriai Area, New Delhi-
110020. Anolher intimation of the same accident also came thro~gh Assistant Director,
Industrial Safely & HcalLh/lnspector under BOCW, GNCTD dated 31.08.2023 wherein
enquiry was sought w.r.t. BOCW registration status of the acciden~ site by the employer.
Taking cognizance of the intimation, a notice u/s 10A of the Employees Compensation
Act, J 921 (hereinafter r<1Jled the Act) was issued on 28.08.2023 by the then Ld.
Commissioner Emplo}'t·cs Compensation. In the said notice, it was mentioned that two
w•>rl<mcn L11r Sil. R:11mw Kumar S/o Sh. Vinocl and Late Sh. Mantu Singh S/o Unknown
beth succumbed lo injury sustained during and in course of employment with the owner
Sh. Tarun Garg while working at employer's construction site at Plot No. A-98/3, Okhla
109 /,),r(1~,\~~
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it!; , ,.:.. 11 1 l~i·I~ /1.,W,ll'lh ::,'.:i·:;u~;,:,:;:~~'.'.~,;';,'111'.'.''urrL,;,r ;i~ t:J.~';ttgI:
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d r·111, urrf rh ., 11 111 I,' vw '. ,""' • .'':'.' pl11yr·, .... Tl"' ;u111Jurll ~':. ~1cul:rlcd In mp,cc of ::,
whlrh 1111,•11·• I (ml ""1. I u.r,. ,,,,,1JJ Hil'il w/Ll1l11 ,~,, ,!· y' ,, t, he dcp1Y,ltcd by way()(
·' ":,,, w.r. I fl ll J I I • ,I ', ,, jW' II ( h
I• 11 r r lw1 ' ',h T .111111 I:, 1 r1: w,1 •' d h ·;.,' /'. : " or· I 111 fJtnNI 111rri11 crn µlro;~/1,~ d'.," o~dcr, falling
lo i,. WI II I I 'II 11· 111 y. A'• ,.,.I'.,, rl. t I • '. ' 111 ., p111•ar '"''"'" the CHI; rm 04 O'J ~ ir:dpayrnont
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t 1..,11•1 on, ,1g.1l11'


,,I I 'J,n :,111111.t !)(•VI~~·11 'J'{JJ'I
,I I lt1•!,111111•',pr,11d!'11l
d.11t11.111l • '.' J.t,l(~I! [Jl(,cl tlwir cl1d111 pc:lillon u/i; 22 of the Acl
1111 I ·• • '111111 ,arl' wh" 1, • t· t ·d 11. 1
r•1 rrrw,t I ut111rt1 f ,11 r,11 y rt 'JII/" Old 1. 1 1 ', • ·"' C ' ie the owner bf the
, , ...I ftll 111: .11 A I/ 11 Cl, 7."'' i,i,;,,,., 1,,:::r1,,,I :,::., '/"'.'. .z,. Cikl:l,r Ind I. Ar~1, Now l1tlhi-1J OOZO
, 1, ,.,.,,.,,,o/'•1 w ,1 r· ! ,1111. '•" 111111 I Jr•vl "r,11 NI 1111 l ;: ;~~7Jr~f~ .)'trl· ~
,r the ~,lo p,sttltm. the
I(11111,11 w,,., wm lrl 1111 ., 101111 wit ii "' ''"" l11U,;11rcrs ; ti • • . • rer 4•1band Late Sh. Raman
/II, I\ wh '\" Wttl i<l 1111 1 fwy 1'1'11111'111 Ni I he 1'"11fttlnri;~~ 1.'~,~:~:~~::1:;; r~;;~;:t
"' "'1 hr l't",fl"'"'''"' rr" ti pt'llr•o I them w do the work without 11rovldl n mcasur'.'
alleged

1" 1 111rr: .. l!r",11'' 1 '" i ily, I h ol<I. 1·111 ,:;r 1'11<'1 rd W'dlis collap,cd and tile r,c,1w, i ny su;h
1' ,f
1t.1•,r•t11P11i
111•·· 1••11 ,11'1',t ""'' d11r· ro whlr:h 111·1· 11111,i,and Sh, l(arn11n Kumar and othc; ,,":;:; ~:
'!
11,1111,11: r'.;rl wh I Ir• kw 111 ltt'I' lal rrru rers were IM Ju red, An l'IR ~·· 0569 /ZOZ'.l datod
21.C/lf ./,C/ I,.. "'.'' '' rr·1:hl r rc·r I ny I'S Ulr\1 f II Ind I. Arca u/s 288/3 37 /304A or we r n this
«11111<•r:tlr#1, 'I he fl"•. r 11111 ,·r ""' of cl'" deceased Haman Kumar was condvctcd by the
rm1rc1 11r•d II o,;pl u,I. Fu rt 111!1' ,uhm I ued that ch e parents or the dcCQascd arc prc·dcccasad
1111 d ch ey I"'"'
Ii I vcn r hr• w111lnnn1 lc,n that there ai·c no other 1+gal heirs of deceased
pxr·t·pl for Snol, S1111lla u,•vl & (Jr,. Al the Lime of ,cddcn, the dcciased is stated to be of
I ') Y"•"'' ul 111:c aml wn> I 11 11t111d hc»l l h cond Ill n n and was also car~ong well ror hl• ramf ly
,111d ti 1•11t·~t1,nt ,. 111 I ntt1' r:hlld rei ,, "'· The cla 1m,nc ,Med ,hall they ar; enUtlcd rqr
rrrlll f 1''11'" r I 1111 ol 115, 7. •;.1111,11011 / • I ro111 the rosrrondcn t because of fhe alleged negligence
:111<1 c11r·,·lr1•"' ,u,,,, 011 1 I w r ""'' 111 rc,po11d en t ca us Ing danger •• tlf life of the workmt;n
who worc,w11rkt1111 ,rt 1111, co111su·uc1to11 site. They rurthcr stotcd they w9re working under
ilw c111pl11y111<?il ul res po1ttl en t Sh. ·rai·un Garg and the CEC l1as the ju r/sdicJlon to
,,111trt'.1l11 1 hi< .dallll, 111 t hr• cud, the clillmants prayed cr;c to piss appropriate order
11""111 Ing 1lwr11 rd i e I 111 dr•,1 th ,0111 pc11<" tf on f ncl ud Ing flllgatlon charges, inter1st and
fl'",., It y, ctr. Mr u ,11 w i I I, 1111• cl.< 1111. cl ,rm:on ts rr,ve med supp I rting ~ocurpe~ts Ilk'
rl,tVll, IIX<'I Ill II lttll of ruu ,., rc,r:,. list 111 d ocu men ts, aarl haa r ca rd f the d ,pendents and
I ,
11m
Fllt1 c•l C,
•• Cton<Nf lleOt upoll rccclpl or tloe cl1t.lt11, a ~?tic~ date~ Jj .10.21022 0a2n2~0~~,01,202:.;~ys
t "'
f,sucrl ri11· ,rppr•uri11or·c of p:irtlcs be lore coc on 23.11.2023 ant . . ,., resp<' , ·
on 2:1.11.zt>,:!, Sh, NILl11 l;11pW, AH appc.orcd on behalf of ,cspondcpt and 11'' direfi'd PY l
l
c:oui'l fil<' his WS Nc<l dale 0( 1oc;11·inl} The WS was oot by respondent on
011
20. I 2.202'.!, 10 11.111.zot,4, 21.111,.2024, 0:1.114,2024 and 30.05.2024, I
11,1,
1mec\
.
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110
SD(ed Postl}Vbq49pp/£-ma1(L
, CauderJBHtDam

S. Thereafter, a joint application was filed by the parties on dated 09.~7.2024 requesting the
CEC for early hearing in this case, in view of a settlement that pad already happened
bet ween them after independent discussions. Taking cognizance of this joint application,
a not ice was issued to t he parties for their appearance on ~1.07.2024 throush ~-
m,1il/phonc. 1 e
I
6. On 11.07.?024, claimant Smt, Sunlta Devi moved an application !for withdrawal of the
claim petition which was filed ~y l~e.r against the :espondentSh. Tarun Garg in view of the
settlement underwent by her Individually and directly with the respondent on behalf of
her f(,mily. f\\ong wiLh this application, she has filed affiddvit, memorandum of
settlement. photocopies of DD and other amount received/proposed to be received by
her. Statement of Snu Sunua Devi was recorded over oath on 11.0V.2024 in the presence
of her AR/counsel Sh. /\.I<. Singh and respondent Sh. Tarun Garg. I
I

,
9. An Out-of-Court settlement has taken place in this case between the parties; documented
in shape of terms & conditions strictly governed by MoS dated 24.06.2024. Payment
terms, modalities, dates and events, amount, beneficiaries. etc. all settled and adhered las
per MoS. The Memorandum of Agreement and Settlement has nod been recorded ·u/s 28
of the EC Act. 1923 and the applicable rules as the same is not app~ica?le in cas~ of death.
The CEC after recording statement of claimants allows the apphcatlon for withdrawal
preferred •by claimant side. Based upon the terms & conditions as mentioned in the
memorandum of settlement, the claim filed by Smt. Sunita Devi & Ors. is hereby disposed
of as withdrawn. ! . , ·• -
j I :1 ·

7. Parties are further advised to strictly abide by the terms ofMoS d~ted 24.06.2024 and in
case of any violation/breach of MoS,' they would be at liberty to seek legal remedy.

. . . ,a
Given under my hand and seal of this !)PL_ day of July, 2024,
I t

.-rfvJ<
'i
l
(U .. SINHA)
lo ;:~:

. 'y' .
' j COMMISSIONE)l
UNDER EMPLOYEE'SjCOMPENSATION ACT
I I ' I I

I . 0.K. SINHA' ,I . !1 '.


COMMISSIONER: · ' ., '
FMPLOYEES COMPENSATION ACT. 1923
I

I I '

. .
; • I
. ,t;
,(' 0 • ••••I
! ' •. I I .:
111 CEC/SED/D/36/23
11.07.2024
l
In the matter of:
), :

Smt. Sunita Devi & Ors.


Vs
Tarun Garg

Claimant: Sml. Sunita Devi & Ors. a/w Sh. A.K. Singh & Smt.
Been u Singh (AR)
Resp.: Sh. Tarun Garg

Statement of Smt. Sunita Devi W /o Sh. Binod Shah aged about 41


years, R/o Village Kathni, Post Bichchhi Chanchar, Thana Tatia Bumber, j
District Munger, Bihar - 811213 presently residing at Delhi.

Statement of Sh. Binod Shah S/o Late Sh. Govind Shah aged about f
43 years, R/ o Village Kathni, Post Bichchhi Chanchar, Thana Tatia f
Bumber, District Munger, Bihar - 811213 presently residing at Delhi.

We have filed the death claim petition under EC Act, 1923 claiming
death compensation of our deceased son Late Sh. Raman who met with an
accident while performing construction related work at. the, site ~~9:~f~,
1" 1
Okhla Phase-2, New Delhi - 110020. · r , ' •1 ·

As such, 1 am filing Copy of MoU, copy of cash receipt vouchers,


Copy of challan, Copy of transactions detail dated 29. q~.40~3,.,.~o.py ,FJ!
DD's as exhibited CW-1 / I running into 42 pages .. W~ .are , relying. the
settlement deed/Memorand_um of Settlement having our signatures/
thumb impression al point 'A' and 'B' along with the documents I have
annexed.
J 1 ! ; 1• ' i . :- ;I~ ..
·1
We have received t?ta.l . amount pf cor;np~n~:1;t~9~·.)µm · ·of
Rs. 17 ,03,000 /- (Seventy Lakhs Three Thousand Only) from Sh. Tarun
Garg S/o Jagdish Chand Garg R/o A-1/40, Second Flnor, Panehsheel
Enclave, New Delhi - 11001 7 as settlement to the· case- filed by us· under
EC Act, 1923.
The above settlement has taken place mutually on 11.07.2024
which is out of the Court.

I am giving the statement before the CEC witho~t .any coercion,


external pressure from anyone including Sh. Tarun Garg, CEC and any
court official. · ·
~:i~1i.:i~
~j~t
~:s:~~,-
.-~.\~

(U.K. -Slnha)
CEC
112
I BEFORE SH. U.K SINHA, JOINT LABOUR COMM
.
EAST DISTRICT, GIRI NAGAR GOVINDPURI N
'
ISSIONER
, EW DELHI
'
SOUT

IN RE:

Sunita Devi & Ors


.... CLAIMANTS
--VERSUS--

Tarun Garg ... RESPONDENT/MANAGEMENT

APPLICATION FOR \VITHDRAWAL Of CLAIM PETITION FILED BY THE


CLAIMANTS AGATNST THE RESPONDENT UNDER SECTfON 22 OF THE
EMPLOYEES COMPENSATION ACT I 923 READ WITH \VORKMANS
COMPENSATION RULES.1924

'MOST RESPECTFULLY SUBMITTED:

1. The applicants herein are the Claimants/ Petitioners and in the captioned

matter pending before this Hon'ble Commission which is listed for further

proceedings on 05.08.2024

2. The parties in the captioned matter have arrived at a settlement out of their

own volition and accord and without any undue influence, fraud, pressure,

threats or coercion.

3. Thus, in consonance with settled Law _including but not limited to Section

22 of the Employees Compensation Act, the parties have arrived at a

mutually agreeable settlement pursuant 'whereto they have duly executed

a Settlement/Compromise Agreement which is annexed along with this


application. 113
The contents of the same may be read as part of this application

and same are not being repeated herein for the sake of brevity.

4. The terms of Settlement/Compromise Agreement are fair, just, reasonable

and beneficial for both parties.

s. This application is being made bonafide and does not cause any prejudice

to any party.

6. That due to above mentioned facts, now the Claimants/ Petitioners intends

to withdraw the claim petition, hence it is appropriate to allow the

petitioners and grant permission to withdr~w the claim petition on the

terms and condition as mentioned in the settlement deed and payments

made to the claimants/applicants after satisfaction.

PRAYER

In the prevalent facts and circumstances it is most respectfully Prayed that

this Hon 'ble Commission may kindly be pleased in the interests of Justice to:
1.
allow the Petitioner to withdraw the claim Petition in the interest of justice;

11.
Pass any other order/orders that this commission deems fit, proper and

necessary in the interests of Justice.


114

VERIFICATION:

Verified at New Delhi this Day of 3rd July,2024 that the contents oft he above

application are true and correct to the best of 1'.~:-~.now ledge and notl1?Ji~1tcrial
;"·. ,.,., !
has been concealed therefrom • ~ · ... i
.l

SUNITA DEVI & BINOD SHAH


(CLJ\IMJ\NTS/PETITIONERS)

DATED: 03.07.2024
PLACE : NEW DELHI

L
7 115
BEFORE SH. U.K SlNHA, JOINT LABOUR COMMISSIONER, SOUT
EAST DISTRICT, GIRI NAGAR,GOVINDPURI, NEW DELHI
IN RE:

Sunita Devi & Ors .... CLAIMANT


--VERSUS--

Tarun Garg ... RESPONDENT/MANAGEMENT

AFFIDAVIT

I, Sunita Devi Devi, aged about 41 years \V/0 Sh. Binod Shah RIO Village
Kathni, Post Bichchhi Chanchar, Thana Tatia Burnber, Kathni, District Munger,
Bihar-811213 presently at New Delhi do hereby solemnly affirm and declare as
under:-
lThat the deponent is the claimant no. I and mother of claimant no.3 & 4 in the
above noted claim petition and is well aware of the facts and circumstances of the
case and as such is competent to swear this affidavit.
2. That the contents of the accompanying application have been drafted by my
counsel under my instruction and the contents of the same are true and correct
which are read over to me in my vernacular and understood by me and the same
may be treated as part and parcel of my present affidavit as the same are not
; ~....... ,.
repeated herein for the sake of brevity. ·
••
:1~:1~:.•.t'
-r,llo;i•
•,a .._...~l.\it~

· ~!·~':i,~~~
.·1-,.ni~
i1-.n· ~,.
. ,...~ DEPONENT
VERIFICATI
~ • ON ·~ '""i''~
•:J,fl','!r.',·:
' 't,
·:t'~:p-;:- .

Verified at Delhi on thfs Day of 3rd July 2024, that the contents of the
affidavit are true and correct of my knowledge and nothing material has been
concealed therefrom.

DEPONENT

t.' ·-
116
BEFORE SH. U.K SINHA, JOINT LABOUR COMMISSIONER SOUT
EAST DISTRICT, GJRI NAGAR,GOVINDPURJ, NEW DELHI
IN RE:

Sunita Devi & Ors .... CLAIMANT


--VERSUS--

Tarun Garg ... RESPONDENT/MANAGEMENT

AFFIDAVIT

I, Binod Shah, aged about 43 years S/0 Late Govind Shah RIO Village
Kathni, Post Bichchhi Chanchar, Thana Tatia Bumbcr, Kathni. District Munger,
Bihar-811213 presently at New Delhi do hereby solemnly affirm and declare as
under:-
1.That the deponent is the claimant no.2 and father of claimant no.3 & 4 in the
above noted claim petition and is well aware of the facts and circumstances of the
case and as such is competent to swear this affidavit.
2. That the contents of the accompanying application have been drafted by my
counsel under my instruction and the contents of the same are true and correct
which are read over to me in my vernacular and understood by me and the same
may be treated as part and parcel of my pr_esent affidavit as the same arc not
repeated herein for the sake of brevity.
~ orlft,.2._7!K
DE_!BNT
VERIFICATION ~Bl
Verified at Delhi on this Day of 3"' July 2024, that the contents oft-avit
are true and correct of my knowledge and nothing material has been concealed
therefrom.

DEPONENT

I
117
MEMOnANOUM OF SETTLEMF:NT

This Settlement/Compromise deed is executed m New De/hi on 24th Day of June

2024, Between Smr. Sunitn Devi W/o Binod Shah aged about 41 years and Oinod Shah

S/0 Govind Shah aged about 43 years both R/0 Gram Karhni. Post Bichchhichanchar,

Thann Tctia Bamber Kathni, Munger, Bihnr-8 I I 213 (1 Icrcinaftcr called the FIRST

PAnTY)

/\ND

Sh. Tarun Garg Slo Sh . Jagdish Chand Garg aged about 43 years, Rio A-1/40, Second

Floor. Panchshccl Enclave, New Delhi-I I 0017 (Hereinafter called the SECOND

PARTY)

WI IEREAS the son of the first party SI I. Ramnn while working on the site of rhe

Second Party i.e A 9813, Okhla Industrial Arca, Phase-I r. New Delhi- I I 0020, after being

hired by the contractor Sh.Kha beer. tragically on 24.08.23 during course of employment

an accident occurred al the said site of the Second Party on account of which the son of

the First Party Sh Raman passed away and FIR bearing No.569 of 2023, Police Station

Okhla Industrial Arca, Phase-I was registered UIS 3041\/337/338/288 IPC in this regard.

WHEREAS the First Party have filed a claim/case in respect of death of their son against

the Second Party which is pending before the Hori'ble Labour Commissioner's Court,

under Employees Compensation, Giri Nagar, Govind Puri, Kalkaji. New Delhi vide

r-------.:C:.:.l~ai~mPetition No.CEC/SE0/0/36/2023.

---·\
a
118
WHEREAS the intervention of relatives, friends and respectable persons of society both

the parties come to conclusion to settle the matter with their own sweet will and without

any fraud. coercion. undue pressure, fear, threats or any undue influence from any

corner of whatsoever nature.

WHEREAS notwithstanding the amount raised · in the claim petition no.

CEC/SED/D/36/2023 pending before the Hon'blc Labour Commissioner's Court, the

First Party out of her own sweet will and without any fraud, pressure, threat or any

undue influence exercised her right to withdraw the said claim petition upon receipt of

settled amount of Rs.17.03 Lakhs (rNR Seventeen Lakhs Three Thousand Only).

WHEREAS Second Party for its part without prejudice to its right to contest the claim

petition on humanitarian grounds has agreed to pay a sum of Rs. 17.03 Lakhs to the

First Party in full and final settlement of and all or any claims that has been raised by

First Party in respect of the tragic demise of Raman.

NO\V THIS SETTLEMENT/COMPROMJSE OEED IS \VITNESSTII AS

UNDER:-

l.That the said settlement was agreed in a full and fina] amount of Rs.17.03 Lakhs(fNR

Seventeen Lakhs Three Thousand Only) in which the Second Party have already paid

Rs.21akhs(Two Lakh) on 27.08.2023 to First Party through NEFT in bank account of

Father of Deceased Raman vide account no.0737000100237703, Punjab National Bank,

Kharagpur and Rs.4.03 Lakh have been paid in cash as per Ancxurc-B attached to
119
First Party by the Second Party after receipt of vouchers and out of remaining amount

of Rs 11 Lakh paid to first Party through:

(i) vide Bankers Cheque no.742140 on dated 3151 May 2024 for the amount or Rs .

.$,50.000/- (INR Four Lakh Fifty Thousand Only) drawn on SBI Bank, Okhla

Industrial Arca /Shah darn has been received by the First Party on date 3rd July 2024

from the Second Party

(ii) and further vide Bankers Cheque no.742144 on dated 3P1 May 2024 for the

amount of Rs. 6,50,000/- (TNR Six Lakh Fifty Thousand Only) drawn on SBI Bank,

Okhla Industrial Arca /Shahdara has been received by the First Party on date 3rd July

2024 from the Second Party and further the First Party issued cash receipts/ vouchers

of the amount received by the First Party.

2. That the First Party indemnify and undertakes to confirm to Second Party that post

receipt of settled amount of Rs 17.03 Lakhs, the First Party including the legal heirs of

Late Raman binds herself to never claim any further compensation/even a single Rupee

from the Second party for any reason or in any event in respect of the tragic death of

their son and shall not file any claim petition, application and complaint before any

authority, Labour Court, Labour Commissioner, Deputy Labour Commissioner, Labour

Inspector etc. or in any other Act and in breach of the said terms the First Party shall

return all the money received to the Second Party with simple interest @8% per annum

and in breach the Second Party shall have right to file the complaint/suit against the
First Party before appropriate forum.
120
3.That both the parties agreed that they shall not have any right left to file any type of

further cornpcnsntion/claims in any court of law/commissions against each other

regarding the said tragic incident and ~mount paid.

4.Thar the Second Party is not liable to pay any other additional compensation to the

First Party after the completion of the terms and conditions of this Deed, the First Party

including the legal heirs represented through First Party shall not claim any

compensation or other expenses in future from the Second Party after fulfilling all the

terms and condition of the said settlement/compromise.deed.

5.Thnt after arriving at a settlement, both the parties will respect each other in future

and they will not indulge in any further dispute and shall not file any case against each

other, neither the First Party nor any other LRs of deceased Raman will further claim

any compensation amount qua the death of Raman from the Second Party in future.

6.That this settlement agreement is made without any admission of liability or fault by

either party, and it shall not be construed as an admission of any wrongdoing.

7.That both the parties agree to comply with all the terms and conditions of this

settlement agreement and to execute any further documents or take any further action

necessary to effectuate the terms of this agreement.

8. Thar the first party agree to appear before the I Ion 'ble High court of Delhi as and

when called by the first party for Quashing of the afore-mentioned FIR against the First

Party.
121
WI [EREAS this compromise deed is made between both the parties on this CJJrd day

of July 2024 al their mutual consent, and there is no fear. threat or undue

influence/pressure on the parties from each other.

WHEREAS the contents of this settle men I deed have been read over and explain to both

the parties in their vernacular language by their advocates, which they understood as

true and correct thereafter the parties have put their respective thumb

impression/signature on this settlement deed in the presence of witnesses. who signed

the present settlement as witnesses after understood the contents of the settlement and

verified the same from the parties to this deed on the day, month and year as mentioned

above.

WITNESSES FfRST PARTY

AD a . . r1 r;f!~ rBI ~ .J:-i:1


(~(__
I .ANAND SlNGH (BINOQ SIIAII)
Add.Bhadar Khurd, Sarairaghunath ~

Faizabad Bhiti, Uttar Pardcsh 224 132 ARI)


,,
Aadhar No. 8921 1305 2019

~~
2. SATISH PRSAD SECON~

Add: H no. S-14/b50, Lf.R. Camp t huts block-a (TARUN GARG)


Okhla phasc-Z, Okhla Industrial Area South Delhi

Delhi- I I 0020

Aadhar No. 5653 008 I 7448

- .
'
,~NNEXURE . S
122
/fi&_' BINOO SHAH
' PAIO BY CASH
foATE VOUCHER NO. AMOUNT
23.11.2023 12 1!i000
25. l t.2023 13 1'1000
02. 12.2023 14 12000
08.12.2023 15 12000
13.12.2023 1G 10000
JG.12.2023 17 14000
23.12.2023 18 13000
26.12.2023 19 1400p
31.12.2023 20 12000
05.01.2024 21 16000
10.01.2024 22 15000
18.01.2024 23 12000
20.01.2024 24 15000
24.01.2024 25 14000
27.01.2024 2G 12000
TOTAL 200000

I
NAME: SUNITA DEVI
TOTAL PAID BY CASH
DATE VOUCHER NO. AMOUNT
02.02.2024 27 10000
07.02.2024 28 12000
13.02.2024 29 15000
19.02.2024 30 12000
23.02.2024 31 14000
27.02.2024 32 15000
05.03.2024 33 13000
08.03.2024 34 12000
11.03.2024 35 15000
16.03.2024 36 16000
19.03.2024 37 14000
22.03.2024 38 15000
26.03.2024 39 13000
28.03.2024 40 12000
30.03.2024 IJ 1 15000
TOTAL
203000

~' ••
123
S.NO DATE CHALLAN/UTR NO AMOUNT IN FAVOUR
01 27.08.2023 SBIN223239906396 INR 2,00,000/- BINODSAH
02 31.05.2024 742144 INR 6,50,000/- SUNITA DEVI
03 31.05.2024 742140 INR 4,50,000/- BINODSHAH

1, Sunlto Devi W/o Bi nod Shoh . Aodhor number is received above


Dratt/Banker Cheque from Tarun Garg.

. I w.
...
124
c-Payfrrdcr Dct.1lls
t•·l'.1\'01dt•1 Numlu-r CNI\Cf>l<ONl:1
lkh11 'it.1111, "'lll'C('<;,;
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BINOI> SAii
Two l.nkhs only 2,00,000.00
000000'1 ~J726:l1JO 1 '1
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Co1111te1 toil fk-;<Tipt1011
Compcus.inou J\111011111
Traux.rct iou Type NEFT Funds trnn!>fcr
C:STIN Number

Debit Account Details

SSI Sll/\111)/\1<;\ 2. ()().()()I).()()

Crcd it Account nctails

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firm's Name · RECEfPT


NO. f 2=
DATE. -<.3 ·II• '1} 2- '2>

RECEIVED with thanks from TM\) N {-i Ai ~ :

the sum of Rupees B J+-e&:i 71lW£.cvv,J;, oJ:J


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. STAMP
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Signature
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NO. \~
DATE. :? S> t I• '2-0 2. 3

the sum of Rupees fuur:J f ~ ::r1~cVv\cb b~-


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NO. J !1
. DATE .' D l• I ?_r 'h12-<'3
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the sum of Rupees l'A2-91ve :Th ruJ~1v1cJlA O "1~


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132

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DATE. 13 · / 2· Jo'l,'.3

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_______________________ by Cheque/Cash/Draft

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--·-.··~ ----
133

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NO., __ ...,___._ _
DATE.

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STAMP
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Signature
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RECEIPT
rrm's Name NO. __ ~t~~------:=---

DATE. :<,3· J 2,r 2n 2 3


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135

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NO. \-j
DATE. ,2/,, 12.· )-{)23

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STAMP
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136

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NO. ~D
DATE. 3) · )2-· '2-02.3

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the sum of Rupees ---r.11)-e_ ~f' ,G Q.,<.Jc~ () ~


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STAMP
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137

~Name RECEIPT
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DATE. OS> 01 e )~?.j

the sum of Rupees ~ "'--~ -e-eN\ J~ . oJ.-:J


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STAMP
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·~
138

/
.n's Name
~o.._ __..___,__ _
DATE.

the sum of Rupees \?,}AN VI =119"L&c~wk Oti ~J


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,
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.............
.
___________________ by c_!l.eqtietcash/~

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STAMP
Receipt Subject to Realization of Cheque
'A CC Signature
140

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.rm's Name RECEIPT


NO. £~
DATE. :2o , Q} t kJ) 2 '1

---.:G=-u,
RECEIVED with thanks from_=rJ\-t--+ .......f(,.,._\~J.,_.1\.,_J &\£~__:~,..,-----------

~
by C_bec(ue/Cashl.Orafl
1

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Receipt Subject to Realization of Cheque


141

.rm's Name RECEIPT


NO. e<~
DATE. ~ vt ~ b}, L-0 2 :1

the sum of Rupees fov11 ~:e-0.11 16191J.-t~ ·01<1)


~
by ~/Cash/J).raft

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._/ .

in partµoU/~ payment I~lt~----,~---V'-fJ=J._::T,__._~


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Receipt Subject to Realization of Cheque


142

.rn's Name . RECEIPT


NO. -< 6
DATE. ef Ff· 0 ), a 2j
=tJ?ttV }J l,J AJ? bt
RECEIVEDwith thanks from ~....l.....L~~__.!,~c_D....:~,~~~~~~~~~

the sum ofRupees ILDf' ,9:ve. ----rT,i ~ v.Jy


\.._....-/
_____________________ by _9.betjue/Cash/..!)r.att

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. STAMP

Receipt Subject to Realization of Cheque

---
143

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NO. ,f'"f- ~
DATE. Q 2' 62.- 2.v2

the sum of Rupees "Ji':YJ 7b (yy):p.ycb QlJ.y

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2-1l c:gnature
COMMISSIONER UNDER EMPLOYEE'SCOMPENSATION ACT '
lDlSTI. SOUTH-EAST) 158 ·
, 1923
LABOUR DEPARTMENT GO
LABOURWELFARE CENTERv!~F NCT OF DELHI
GlRI NAGAR KAL ' MUKUND KHAND
CEC1SED,'l,'O, /~.\ ?,o3? ' KAJI NEW DELHl-110019
\" th~ m.m<r ,,(: Dated .;J.3 [ o-=1- \ ~

'S\\. '-:.·,\\':,\, K\~\\\,w


R_, 0 \"\\\..\b~ K,,thn,. Pos\ \3\chc\,h,C.hanchar
1\\.l\\l \ ..\t\.l o\\\\\bcr
mstnct ~\ung,er. Bihar _ 8 l l '2 l3
' t.. ... Claimant

$.1 .. \m\ K,lmar Smgh Adv.


~~-'~ "\~~ ~.:l) P.S. R.ath1 Block
· .-:,. h.,: .. ,, L,klrt$, D~\h1 - l 10054 .... Claimant's Counsel
I I
I · I
V/s

.-~un Garg (O~rner of Factory)


~ ~d10~.\aPhase-2

•"'-..'·~'-1""' strial
:,..•• » •• ~ .1 ::,, la A rea. '',e\\ D C\h.I - 110 0.,.:.0

A'.so a::
A- :..f 140, 1"'.: f\oor
?a::.:hshee\ Enclave, New Delhi - 110020. . ..... Respondent
ORDER
I

1. Whereas an accident intimation was received from SHO, Okhla 'Industrial Area dated
26.08.2023 along with FIR No. 0569 dated 24.08.2023 regarding injury/dea~h of workers
deployed at construction site-98/3. Okhla Phase-2, Okhla lndusliJia\ Area, New De\hi-
110020. Another mtimation of the same accident also came throllgh Assistant Director,
\r,<lustria\ Safety & Hea\th/lnspector under BOCW, GNCTD dated 31.08.2023 wherein
c:q-~r:i was sou\;ht w.r.t, BOCW registration status of the accident site by the employer.
·;-1·,c:-~ cogni1.an-:e of thC' intimation, a notice u/s lOA of the Employees Compensation
,;lt, 1923 lhcrtinaftcr ca\led the Act) was issued on 28.08.2023 by the then Ld.
Cor.,m1ss1oner £mp\oyee:. Compensation. \n the said notice, it was mentioned that two
workmen Lale Sh. Raman Kumar S/o Sh. Vinod and Late Sh. Mantu Singh S/o Unknown
buth succumbed to injury sustained during and in course of employment with the owner
Sh Tarun Garg, while working at employer's construct,on site at Plot No. A-98/3, Okh\a
{ll\J')t·2. °'\cw Udh1 - 110020, also tew olhcrs were stated to have got injured
t
on \the
I

'),11T.o: '),t,:.
'

11 I

)Jl
2 ln the aforesaid said nonce, an interim direct"
l 1 SI 1,
159 .
ton was issued on 28 08 2023.
I
\\ 11c \, t arun GMg \\',\\ directed lo depo it di .· · according to
Rs.l l,53,l 75/· rt'spcrt1v1:1y towards death st an a ,~c amount'.of Rs.17,02,850/- and
alorcsald Llccc.,~cu pcr!)ons/em1)loyces Th ceompensat1on calculated in respect of two
I d . amount was to be de 't d b
l c1~,,rn. t.lralt in favor of CEC, South East within 30 da s of . post e y way of
Wh\Ch 1nlCfCSl @12% was tOO liab\c to be im d y pass1rg of the order, failing
r h Sh pose upon employer for delayed
-urt c~·· . Tarun Garg was directed to appear before the CEC on 04 payme~t.
rus wnncn reply. As regards, other injured workmen, the compen~ati~J!~Ju~l;ng with
be ca\cu\ated based upon their percentage of temporary /permane~t disablement. were to

3 The_ claimant Sh. Niush Kumar has filed his claim petition u/s 2~ of the EC Act, 1923
against the respondent Sh. Tarun Garg who is stated to be the owner1of ~~e factory at
98/3. Okh\a Phase-Z. Okh\a Ind\. ~rea, New De!hi -1:~020 residin~ at AJ11,1012n~ ~lp0r,
Panchshce\ Enc\ave, New Delhi. In the said petition, the cla1manJ st~teq that· uri
24.08.2023, he was working with other labourers at the construcdon sit'e. Whiie worki~g
they requested the respondent to provide safety measures & serurity to them that the
respondent compelled him to do the work without providing 'any safety measures.
Resultantly, the constructed walls collapsed and the Malwa fell upon tile basement area
and due to which claimant Sh. Nitish got injured who is stated to be 24 years of age and
having good and strong health and was earning well to bring up] his ailingtparents. On
making Police Complaint at PCR, injured were taken to AllMS Hospital w~rre MLC No.
S00391882/24Aug2023 dated 24.08.2023 by the treating doctor ~nd he was operated in
the injured and other parts of the body. An FIR No. 0569/2023 pated 24.0.8.2023 ~as
registered by PS Okhla lndl. Area u/s 288/337 /304A of IPC.1 For f.eeting .medical
expenses he has incurred Rs.2,00,000/- which he has borrowed from his relatives and
well-wishers. I-le has also spent Rs.2,00,000/- as special diet conyeyan:e and ~ttendant
charges related lo his disability. The claimant stated that ~he)I rr,e ! ~IJ,tltl.ed l f~r
0
f Rs 15 00 000/- from the respondent .because of, neghgency and
compensatton

o · · ·
carelessness on the part of respondent causing danger to t ie , t o
l l'fe
r the vorkmcn who
kl den the
': · n site He further stated he WfS wor mg un .
were working- at, the construct10. G. nd the CEC has the j4risdi~tjo~ to entertain

this claim. In the end, the ~la11:1ant p . yr; f:


employment of respondent Sh: Tai un r;rgd\o ass appropriate drder related to injuriy
SO 000/· interest @Z4% and penalty
compensation includi~,g llugat10~ cht1g~:so flle~ s~ppor;ing doqum~r\ts ji~e. afrd~v,it1
@50%, etc. ~long ~,v1th l.he f~~~:;n~~ts, aadhaar card of the dep~nd.~nts.and FIR.,
cxcmplion of court tees, hst o I ' i '

. irn notice dated 01.04.2021· and 03.07.2024 was


4. Conseque~~ upon rccetp} of ~~:s ~~12404 2024 and 30.05.202, resp.ectivelr, Both of
issued for appearance o p~r , res .ondent side. 1 • t i '
these dates, none appeared h om the p , 1 1 ; • :
.. dated 09.07.20?4 requesting the
. 1· ., 1· n was filed by the pal nes on 1 d between them
5. Ther<'aftcr, a 101nl app. l(;all10 case In view of the settlement that h<\l~pene s 'issued, to the
CFC tor early hearing in us '·. . f this joint application. no ice wa
, . 'I' king cognizance o l/
after negotiation. a , · 1.07 2024 through o-rnai p 1ione. l • .
arties fo~ their appearance on 1 . . i , ,
p . I . application I for wlthclra1 ... all of the
. h I< mar rnovet an ' 1 . fttne
On 11.07.ZOH, claimant Sh. N1t1s. u . 'stthe respondent Sh. Tarun G~1·g ll) v,,~\o1r of
6. r\a1m petition which was tiled byd~,1~ lagl~;ynand directly with the rdsponaent or e a
" I ll by \ll:i Ill IVIC l' • \ ,
!>cnlcn1cn~ um ct wc1 , :
I I
l 'I ( I I

~--/
. ~~~~~~~~~--~
160 Sac•d Post!WhplJlia.oL£.malJL
CourleyjBIIIQaw

himself. Along with this application, he has filed affidavit, memotandJm s'ettfemerlt of
photocopies of DD and other amount received/proposed to 'be recelved by h' '
Statement of Sh. Nitish Kumar was recorded over oath on l 1.07.2b24 in the presence':
her AR/counsel Sh. J\.I<. Singh and respondent Sh. Ta run Garg. I
l I I

7 An Out-of-Court settlement has taken place in this case between tlic parties: documented
in shape of terms & conditions strictly governed by Mos dated! 24,06.20241 Payment
terms, modaluics, dates and events, amount, beneficiaries, ~tc all settled arld adhered as
per MoS. The Memorandum of Agreement and Settlement has no~ been recorded u/s 28
of the EC Act, 1923 as the same has not been filed as per the applicable rules and forms
provided under the Rules. The CEC after recording statement of claimants allows the
appltcation for withdrawal preferred by claimant side. Based upon the. terms &
conditions as mentioned in the memorandum of settlement, the clai~ r,1edj ?Y,~h: ~ifi~h
Kumar is hereby disposed of as withdrawn. . · . :

8. Parties are further advised to strictly abide by the terms of MoS d~k.te1d 2~.~~!~2y4and in
case of any violation/breach of MoS, they would b; at liberty to see, eg~ r •
1

Given under my hand and seal of this$- day of luly, 202~ ~\' ~'V~

I \J'. ~
( .K. sfNHA)
COMMISSIONER
UNDER EMPLOYEE'S'cOMPENSATlON ACT
I U.K. SINHIA I
I •I .

COMMISSIONER 1, •

EMPt'.: tdr.,PEN~TlilN ACT. J 9n

I . :.
I ·I • 11 '.
I I : ;

I: l . ' JI
: I 1 ':1 i: :
i . I: · 1·1. !
161 l
l \_.l~7_-'.)l)~.:l
'l•T /_~El)/J/_tYLJ~"':l

i_.'t\\\\\,11\I: Sh. N\\i~h humnr n/\\' Sh. A. I,. Sin~h fo Smt. Becnu
' t

~\\\~~h tr\\\)
~\\, Tnntn tinrg

s,~,h'\\\\.'n\ ,,f
~h. Niti~h Kumnr 8/n Sh. Anil Kumar ngcci about 25
~,-.,r$, \{ l, K:,\y;rnp\\1\ \tu·pur Mun~l'l'. Bihnr- 813J21 prescntlv residing
,n \)l'l\n.
l h~\\'1.' fikd 1\w rh,,n1 petition under EC Art. 1()23 claiming injury
compcusatiou whid, \ ~ufkrl'd while performing construction related work
.u the site /\-('t8 / 3, Okhh\ Phasc-2, New Delhi - 110020.

As such,\ um Ghng Copy of MoU, Copy of transacticns detail dated


2, .0~.2023, l't)py l)r DD's as exhibited CW-1 / 1 running into 1 1 pages. I
rdy \\\(' settlement d1.'('d/Memornnctum.
' . of Settlemen~\ having,
. • . my
• ·1 ·'
signatures :\l point 'A' along with the documents l have annexed. · ·

I have received total amount of compensation sum of Rs.2,00,000/-


(Two Lakhs OulyjIrom Sh. Tnrun Garg S/o .Jagdish Chao(\ Gar~ ,R/o ~~
1/40. Serm1d Flot11·, Panchshcel TI;nclavc
'
1 New o\~lhi,( - l.lOQt'.7°
. ,1
~;_~
1
seulcmcnt 10 ihv r;1st· filed by us under EC Act, 1923.

Thl· above sculcmcnt has taken place mutually ?n .l 1.0?,)~24


which is out of the Court.

l am 1~ivmg the statement before the ·cEC without any coercion,


i·xw1 na\ prvssurc from anyone inducting Sh. Tarun Gnrg CE<..' m,1(1 ,,,ny
- . , I
o icial.

,.~
l OUI I
''

l<O &AC
..
(U.K. ~inha)
CEC

\',
i
..
\
162
. BEFO~ SH. U.K SINHA, JOINT LABOUR COMMISSIONER· SOUT
EAST DISTRlCT. GIRi NAGAR.GOVINDPURI. NEW DELHI

I IN RE:

NITISH KUMAR .... CLAIMANT

--VERSUS--

TARUNGARG ... RESPONDENT/MANAGEMENT

APPLICATION FOR \VITHDRA WAL OF CLAIM PETITION FILED BY THE


CLAIMANTS AGAINST THE RESPONDEN.T UNDER SECTION 22 OF THE
EMPLOYEES COMPENSATION ACT 1923 READ WITH \VORKMANS
COMPENSATION RULES.1924

J\10ST RESPECTFULLY SUBMITTED:

I. The applicants herein are the Claimant in the above captioned matter pending

before this Hon'ble Commission which is listed for further proceeding on

05.08.2024.

2. The parties in the captioned matter have arrived at a settlement out of their own

volition and accord and without any undue influence, fraud, threat or coercion.

3. Thus, in consonance with settled Law including but not limited to Section 22

of the Employees Compensation Act, the parties have arrived at a mutually

. agreeable settlement pursuant whereto they have duly executed a

Settlement/Compromise Agreement which is annexed along with this application.


163
The contents of the sa
'me may he read as part of this application and same arc not

being repeated herein for the sake of brevity.

4. The terms of Sett] . IC . . .


emcnt om promise Agreement are fair, just, reasonable and
beneficial for both parties.

5. This application is being made bonafide and does not cause any prejudice to

any party.

6. That due to above mentioned facts, now the Claimant intends to withdraw the

claim petition, hence it is appropriate to allow the petitioners and grant permission

to withdraw the claim petition on the terms and condition as mentioned in the

settlement deed and payments made to the claimants/applicants after satisfaction.

PRAYER

In the prevalent facts and circumstances, it is most respectfully prayed that this

Hon'ble Commission may kindly be pleased.in the interests of Justice to:

i. allows the Claimant to withdraw the claim Petition in the interest of justice.

ii. Pass any other order/orders that this commission deems fit, proper and

necessary in the interests of Justice.


164
VERlFlCATlON:

Verified at New Delhi this Day of 3rJ July, 2024 that the contents of the

above application are true and correct to the best of my knowledge and nothing

material has been concealed therefrom



·-~~~~~.:t I\~
(PETITIONER)

DATED : 03 .07 .2024


PLACE : NEW DELHI
165
JJEf'ORE SH U
EA-ST Drs·i~ S~~HA. JOINT LABOUR COMMISSIONER, SOUTH
IC r, GI RI NAGAR,GOVINDPURI, NEW DELHI

IN RE:

Nitish Kumar
.... CLAIMANT
--VERSUS--
Tarun Garg ... RESPONDENT/MANAGEMENT

AFFIDAVIT

I, Nitish Kumar, aged about 25 years S/0 Anil Kumar RIO Kalyanpur,
Harpur Munger, Bihar-813321 do hereby solemnly affirm and declare as undcr:-
l.That the deponent is the claimant in the above noted claim petition and is well
aware of the facts and circumstances of the case and as such is competent to swear
this affidavit.
2. That the contents of the accompanying application have been drafted by my
counsel under my instruction and the contents of the same are true and correct
which are read over to me in my vernacular and understood by me and the same
may be treated us part and parcel of my present affidavit as the same are not
or brevity.
repeated herein for the sake
~fa- -~jt/0. /
DEPONENT
VERIFICATUON

Verified at Delhi on this Day of 3rd July 2024, that the contents of the affidavit
arc true and correct of my knowledge and nothing material has been concealed
therefrom.

ls0~
DEPONENT
166
MEMORANDUM OF SETTLEMENT

This Settlement/Compromise deed is executed at New Delhi on. Day of 26th June 2024.

Between Nitish Kumar S/0 Sh. Anil Kumar aged about 25 years, R/0 Kalyanpur,

Harpur Munger, Bihnr-813321 (Hereinafter called the Fl RST PARTY)

AND

Sh. Tarun Garg S/o Sh. Jagdish Chand Garg, aged about 43 years, R/o A-1/40, Second

Floor, Panchsheel Enclave. New Dclhi-110017 (Hereinafter called the SECOND

PARTY)

\VHEREAS the husband of the First party Sh. Anil Kumar while working on the site of

the Second Party i.e A 98/3, Okhla Industrial Area, Phase-II, New Delhi- I l 0020, after

being hired by the contractor Sh.Khabeer, tragically on 24.08.23 during course of

employment an accident occurred at the said site of the Second Party on account of

which the the First Party Sh. Anil Kumar got injured and FIR bearing No.569 of 2023,

Police Station Okhla Industrial Area, Phase-I was registered UIS 304A/337/338/288

IPC in this regard.

WHEREAS the first Party have filed a claim case in respect of his injury against the

Second Party which is pending before the office of Honble Labour Commissioner's.

under Employees Compensation Act. South East District, Val Mukund Khand , Giri

Nagar, Govind Puri, Kalkaji, New Delhi vide Claim petition No. CEC/SED/D/37/2023.

WHEREAS the intervention of relatives, friends and respectable persons of society both

the parties come to conclusion to settle the matter with their own sweet will and without

-~:::::.-f ~
I
167
any fmud, coercion. undue pressure. fear, threats or any undue influence from any

corner of whntsocvcr nature,

WI IEREAS notwithstanding the amount raised in the claim petition no.

CEC/SED/0/37/2023 pending before the I Iori'blc Labour Commissioner's office, the

first Party out of her own sweet will and without any fraud, pressure. threat or any

undue influence exercised her right to settle the said claim petition upon receipt of

settled amount of Rs.2 Lakhs (TWO LAKIIS ONLY).

WI lEREAS Second Party for its part without prejudice to its right to contest the claim

petition on humanitarian grounds has agreed to pay a sum of Rs. 2 Lakhs to the Firs:

Party in full and final settlement of and nil or any claims that has been raised by First

Party in respect of his injuries.

NOW TIIIS SETTLEMENT DEED IS WITNESSTII AS UNDER-

I .That the said settlement was agreed in a full and final amount of Rs.2 Lakhs(Rupces

Two Lakhs) in which the Second Party have already paid Rs.50.000/-(Fifty Thousand

Only) on 27.08.2023 to First Party through NEf-T in his bank account vide Transaction

no.461502010222243 and out of remaining amount of Rs.1.5Lakhs to be paid to the

First Party through :

(i) vidc Banker Cheque no.7..i2169 on dated P' .July 202_. for the nmnunt of

Rs. 1,00,000/- (INR One Lakh Only ) drawn on SOl Bank, Okhlu
168
Industrial Arca /Shnhdnra Branch .sarnc has been received by the First

Party on date yJ July 2024 from the Second party.

(ii) and further vide Danker Cheque no.7.i2167 on elated P' .Iuly 202 ... for the nmnunt

of Rs. 50,000/- (INR Fifty Thousand Only) drawn on SDI Bank, Old1la Industrial

Arca /Shahdara Branch .sarne has been received by the first Party on date 3"' July

2024 from the Second party.

2. That the First Party indemnify and undertakes to confirm to Second Party that post

receipt of settled amount of Rs.2 Lakhs. the First Party binds himself to never claim any

further compensation/even a single Rupee from the Second party for any reason or in

any event in respect of his injuries whatsoever in nature and shall not file any claim

petition. application ad complaint before any authority. Labour Court. Labour

Commissioner. Deputy Labour Commissioner. Labour Inspector etc or in any other Act

and in breach of the said terms the First Party shall return all the money received to the

Second Party with simple interest @8% per annum and in breach the Second Party shall

have right to file the complaint/suit against the First Party before appropriate forum.

3.That both the parties agreed that they shall not have any right left to file any type of

further compensation/claims in any court of law/commissions against each other

regarding the said tragic incident and amount paid.

4.That the Second Party is not liable to pay any other additional compensation to the

First Party after the completion of the terms and conditions of this Deed. the First Party
169
shall not claim any co . . ,
mpcnsut1on or other expenses in future from the Second I arty
after fulfilling all the
tenns and condition of the said settlement/compromise deed.
5.That after arriving• at . .
• a sett 1 erncnt, both the parties will respect each other m future
and they will not ind I · .
u ge in any further dispute and shall not file any case against each

other. the First Party sh II r. • · . . . . •


• a not further claim any compcnsauon amount qua his mjurres
from the Second Party in future.

6. That this settlement agreement is made without any admission of liability or fault by

either party, and it shall not be construed as an admission of any wrongdoing.

7.That both the parties agree to comply with· all the terms and conditions of this

settlement agreement and to execute any further documents or take any further action

necessary to effectuate the terms of this agreement.

8. That the first party agrees to appear before the Hon.'ble High court of Delhi as and

when called by the first party for Quashing of the afore-mentioned FIR against the First

Party.

WHEREAS this compromise deed is made between both the parties on this day

of 3rd July ,2024 at their mutual consent, and there is no fear, threat or undue

influence/pressure on the parties from each other. ·

WHEREAS the contents of this settlement deed have been read over and explain

to both the parties in their vernacular language, which they understood as true and

correct thereafter the parties have put their respective thumb impression/signature on
---.._- 170

this settlement de d · 1 . t
e in t le presence of witnesses. who signed the present sett erne
nt as

witnesses after understood the contents of the settlement and verified the same from the

parties to this deed on the day, month and year as mentioned above.

WITNESSES FIRST PARTY


~')/)n ,} ~~ t,A-
I A~AND~INGH (NITISH KUMAR)
Add: Bhadar Khurd Sarairaghunath R/0 Kalyanpur
Faizabad, Bhiti Uttar Pardesh-224132 Harpur Munger
Aadhar No. 8921 1305 2019 Bihar-813321

2 SATISH PRASAD

Add: H no: S-14/b50, J.J.R. Camp t huts block-a (TARUN GARG)

Okhla Phase 2, Okhla Industrial Area, South Delhi RIO A l /40, Second Floor
Dclhi-110020 Panchshecl Enclave. New Delhi
Aadhar No. 5653 0081 7448
171

IN FAVOUR
IS.NO DATE CHALLANIUTR NO. AMOUNT NITISH KUMAR
27.08.2023 INR 50,000/-
01 SBIN223239935211 NITISH KUMAR
INR 1,00,000/-
02 01.07.2024 742169 NITISH KUMAR
INR 50,000/-
1 03 01.07.2024 , 742167

received above
\, Nltlsh Kumar S/o Ani\ Kumar. Aadhar number is .
Draft/Banker Cheque from Tarun Garg.
SIGNATURE

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$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7229/2024
TARUN GARG .....Petitioner
Through: Mr. Neeraj Kumar Singh, Advocate.
versus
STATE NCT OF DELHI & ORS. .....Respondents
Through: Ms. Manjeet Arya, APP for State with
SI Satish Bhati, PS: OIA.
Mr. Anil Kumar Singh, Advocate for
R-2 to R-10.

CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 04.10.2024

CRL.M.A. 27625/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 7229/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973
(‘Cr.P.C.’) has been preferred on behalf of petitioner for quashing of FIR No.
0569/2023, under Sections 288/337/304A IPC, registered at P.S.: Okhla
Industrial Area and proceedings emanating therefrom. Chargesheet has been
filed under Sections 288/337/338/304A IPC.
2. Learned APP for the State and learned counsel for respondent No. 2 to
10 appear on advance notice.
3. After partly making submissions, learned counsel for petitioner seeks

This is a digitally signed order.


The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/11/2024 at 20:48:26
178
to withdraw the petition.
4. Taking the statement of learned counsel for petitioner on record,
petition is accordingly disposed of without prejudice to the rights and
contentions of the petitioner. Pending applications, if any, also stand disposed
of.

ANOOP KUMAR MENDIRATTA, J.


OCTOBER 04, 2024/R

This is a digitally signed order.


The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 21/11/2024 at 20:48:26
179
· . f/Nf.-ff;XURE-P-8
-111-liifi-1 ~/Enrolment No.: 0000/00324/27473 cEJ
Ta run Garg (~trflllT) ~
O
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~ S/0,Shri Jagdish Chand Garg, A1/40, 2nd Floor, A1 ii 3JTan: ~'flT~~. -11•1ftifia1 cJiT'i"@I
~ Block, Near Ram Mandir, Panchsheel Enclave, • ~ cJiT ~ 311'1~ 1~'1 aif~~HIDU ~TIPP~I
~ Panchsheel Enclave, South Delhi,
N
~ Delhi - 110017
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3TfCr<fiT aJran:: ~/ Your Aadhaar No.: INFORMATION


II Aadhaar is a proof of identity, not of citizenship.
3921 0922 0638 ii To establish identity, authenticate online.

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1947 121
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Tarun Garg si.fl"~~T~ll<T. A1/40, 2nd Floor, A1 Block, Naar
Ram Mandir, Panchsheel
~ ~I DOB: 06/08/1981 i:(1/40, ~'IR1Tt. "Q;1 Enclave, Panchsheel Enclave.

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Industrial Estate, South Delhi,
Delhi-110020
4567 9922 4990
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Aadhaar-Aam Admi ka Adhikar


191
IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
Criminal Misc (M). No. /2023
IN THE MATIER OF
Tarun Garg ... Petitioner /Plaintiff
Vs
STATE OF NCT DELHI & ORS ... Respondents
KNOW ALL to whom these present shall come that I, Tarun Garg, the above named Petitioner,
do hereby appoint:
MR. AJEET SHUKLA (D547 /2003)
12, MAITRI APARTMENT MAYUR VIHAR PHASE 1
NEW DELHl-110091, Mobile: 9560667741,
E-mail: rashtral~ail.com
(Herein after called the advocate/(s} to be my/our Advocate in the above noted case authorize him:-
To act, appear and plead in the above-noted case in this Court or in any other Court in which the
same may be tried or heard and also in the Appellate Court including High Court subject to payment of
fees separately for each Court by me/us.
To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions
review revision, withdrawal, compromise or other petitions or affidavits or other documents as may be
deemed necessary or proper for he prosecution of the said case in all its stages subjects to payment of
fees for each stage.
To file and take back documents, to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any differences or disputes
that may arises touching or in any manner relating to the said case.
To take execution proceedings. .
To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all other
acts and things which may be necessary to be done for the progress and in the course of he prosecution
of the said case.
To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and
authority hereby conferred upon the Advocate whenever he may think fit to do so and to sing the power of
attorney on our behalf.
AND I/We undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his
substitute in the matter as my/our own acts, as if done by me/us to all intents and proposes.
AND I/We the undersigned do hereby agree not to hold the Advocate or his substitute responsible
for the result of the said case. The adjournment costs whenever ordered by the Court shall be of the
Advocate which he shall receive and retain for himself.
AND I/We the undersigned do hereby agree that in the event of the whole or part of the fee agreed
by me/us to be paid to the Advocate remaining unpaid he shall be entitled to withdraw from the
prosecution of the said case until the same is paid up. The fee settled is only for the above case and above
Court. I/we hereby agree that once fee is paid, I/we will not be entitled for the refund of the same in any
case whatsoever and if the case prolongs for more than 3 years the original fee shall be paid again by
me/us.
IN WITNESS WHEREOF I/We do hereinto set my/our hand to these presents the contents of
which have been understood by me/us on this ..Q]:: day of 1)&.c...e....-~024
Accepted subject to the terms of the fees. ·

·-~ -~~ ~~
CLrENT CLIENT
r- .

(_:) 192
162
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195 rashtra 2021 <rashtra10@gmail.com>

Petition under Section 482 in FIR NO. 569 of 2023 PS. Okhla Industrial Area.
1 message

rashtra 2021 <rashtra10@gmail.com> Wed, Dec 11, 2024 at 3:34 PM


To: dhcprosecutiondelhipolice@gmail.com

Dear Sir

Please find attached Petition under Section 482 Crpc which is likely to be listed on 16/12/2024 or thereafter.

Ajeet Shukla
Advocate.
# 9560667741.

Iii 482 Petition NEW circulated 11122024_opt.pdf

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