482 Petition NEW Circulated 11122024_opt
482 Petition NEW Circulated 11122024_opt
482 Petition NEW Circulated 11122024_opt
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CRL.MC
I I I I I I I
Number
I I I I I I
Year
I 2024
I I I I
•
•
OF
ID/547/2003
I I I I I I I I
•
Lawyers Code
•
IN THE HIGH COURT OF DELHI, AT NEW DELHI
VERSUS
1. Court Fee 1
2. Notice of Motion 2
3. Urgent Application 3
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
1/1
2
IN THE HIGH COURT OF DELHI, AT NEW DELHI
VERSUS
Sir,
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
VERSUS
URGENT APPLICATION
Sir,
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
VERSUS
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
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.
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
VERSUS
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.
Date Event
is done by Ld. Trial Court and now matter is fixed for further
23/07/2024 Vide order dated 23rd July 2024, Settlement Agreement was
FIR.
04/10/2024 Crl MC No. 7229 of 2024 filed by the Petitioner praying for
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.
VERSUS
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
Respondents who are among the vitally affected Victim in the unfortunate
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
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,
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
has taken cognizance and summoned the Petitioner and matter is now
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
petitioner and during the pendency of the sai d case the matter
no. 2-4 being Legal Heirs of the Deceased Victim . The copy of
12
Petition filed alongwith Orders passed thereon are annexed herewith as
New Delhi, against the petitioner and during the pendency of the
sai d case the matter was settled among the parties and
“D” Colly.
Petition being Crl. M.C. No. 7229 of 2024 which was withdrawn
order dated October, 04 2024. Copy of the order dated 4th October
3. GROUNDS:
heirs, as full and final settlement of all her claims past, present
24.07.2024.
13
2. Because· the parties to the petition reached to an amicable
settlement of all her claims past, present and future arising out of
respondent no.5, as full and final settlement of all her claims past,
24.07.2024.
as the parties have no grievances with each other and the said
also on this ground the case FIR and consequential proceedings are
liable to be quashed.
grievances are left against the petitioner and the respondent no.2 to
12. That this Hon'ble court has inherent power to quash the aforesaid
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
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
Tarun Garg
Petitioner
Versus
AFFIDAVIT
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
AFFIDAVIT
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
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
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
AFFIDAVIT
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
affidavit.
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.
. •
• ..
TARUNGARG .. PETITIONER
VERSUS
AFFIDAVIT
is the claimant/ legal heir of the deceased and fully conversant with
settled the all dispute through settlement deed at Delhi without any
July 2024.
before the
23
t-
4. That the deponent has no objection if the present FIR
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. ~
TARUNGARG .. PETITIONER
VERSUS
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
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,~·-~
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I
, ,,~· •• \·-
..
AFFIDAVIT
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
the all dispute through settlement deed at Delhi without any force
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~
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. \ 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.
TARUNGARG .. PETITIONER
VERSUS
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.
2. That the deponent/respondent no.7 and the petitioner amicably settled the
all dispute through settlement deed at Delhi without any force coercion
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.'~
... ,.
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a
TARUNGARG .. PETITIONER
VERSUS
is the injured and fully conversant with the facts and circumstances
settled the all dispute through settlement deed at Delhi without any
July 2024
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.
TARUNGARG .. PETITIONER
VERSUS
AFFIDAVIT
PRASAD RIO Vill Dhouri Post Harpur Tarapur Munger, Harpur Munger,
Tarapur Bihar-813321, do hereby solemnly affirm and declare as under:-
injured and fully conversant with the facts and circumstances of this
the all dispute through settlement deed at Delhi without any force
.•
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
TARUNGARG .. PETITIONER
VERSUS
JITENDER PRASAD RIO F-28/4 Rajiv Colony JJR Camp New Delhi,
deponent is the injured and fully conversant with the facts and
this affidavit.
No.0569/2023 P.S-
\
,)
DEPONENT
35
VERIFICATION
:
§)
4 Au G 2021 DEPONENT
C\ a
l o-t HC:i -_j-)J-JJ ~
~:.:.· ,
2U4'·.:. ·: «, r•
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t ~:::::::: :
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, :· the ~:or:::~. in of the Air ,..; ~·~~
.cn read <lr.d explained t,) !:1,:., ....... J;u~an~
»ract to his/her knowledge. .J?--
.-.-i
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
,(,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
(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
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):
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)
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)) :
3
39 P-2..
2. Act(s): Section(s):
3. Occurrence of offence:
Time Period Time From : 16:45 hrs Time to: 16:45 hrs
5. Place of occurrence:
(a) Direction and Distance from p.s. NORTH-EAST,2.4 Km(s) Beat No.07
6. Complainant /Informant:
INDIA ,9958329870
necessary ) :
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
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
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
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
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
13. Action Taken Since the above information reveals commission of offence(s)
On point of jurisdiction
R.O.A.C.
No.29101993
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.
8. Name of the 10: Satish Bhati Rank: Sub lnsp. No. 0-5124 PIS No. 16100131, PS
Okhta Industrial Area, New Delhi
(c) Date of Birth: 42 Years (d) Sex Male (e) Nationality: Indian
(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):
,.·
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__
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
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
2· Orlglnal'Tehrir OlPP
3. Copy of FIR 02 PP
5. DD Entries 05 pp
r
~ Crime Team Report ~ rhotograpr1s 09 pp
7. Site Plan 01 PP
12· Pabandinama 01 PP
13. Bail Bond & Personal Bond 01 pp
~- Conviction Slip 01 pp
49
14. If FR is false, indicate action taken or proposed to be taken U/s 182/211 IPC
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
. --\ ·-~
\- 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
500391897/23 MR. JAL DHAR S/0 SUKH DEV AGE-45 YRS RIO OKHLA
AREA, GD No. 0071A, Date 24/08/2023, Time 16:52.45, Entry Made For Rank
CHAL RAHA THA KHUDAI KAR RAHE THE UPAR KA MALBA MKAR GIR
GAYA HAI SANJAY COLONY ROAD PAR BADMI DABF. HUE HAI AB! MALBE
SI ~ DD No. 71A
'
tJZ ~
.
~ ~ J-lcf,c,J-11 ~
.:)
chxcll~I <'Tm ~chc',cHl ~
.;)
~
\· 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
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$" B"I 0TI' 3flvf .3-l1t:J'<rf Alf MS, New Delhi
~ ~..) ~ cfi-lcllcil ct~ ITT~~~ dead body ct1T Post Mortem· c:fi{cl1lll
n'4T Post Mortem ~ ~ ~ m~~ ~ dead body cfi1 m~ ~I"
· 31")- Pawan Kumar S/o Sh. Vinod Shah R/o 'JJrn' ~. l:JTo ~ ~.
~ JfJT{,
..:>
~ Cr), ~e>ffm cfh' "J:RT mer~ Ffol ~
..)
~ cfil<'l~ail, ~. ~~
~ Sushi! S/o Lalit Singh Rio F-105, Sanjay Colony, Okhla-11, New Delhi
. ~ cifri<>lllll *i- "tr° LfctT ~ ~ 3i~ tTftcm' ell mir ~ ~ ~ Labour cfiT <nrJT
cfi«1f. ~I J:Rr ~r ~ Mantu Sarkat J-fo1c;:_.fl cfiT cnm cfllci m·1 ~ ~ 24.08.2023
cn1' ~ ~'W 98/3 ~ ~-2 q{ cfifJ=f1 ~ m! m I '3lT 3TI" ~ tr ~ H 3-11Tor 'JJTcf
n m I cm- J'ITcf cfTill ~ ~ *w ~ ~ ~ cf;')- Man tu ~ cflm cfiBf m
*
.:)
Sarkar ~ ~c, ~ ~ '61 0l')- Jtt ~ Mantu Sarkar cf;'r J:ffc1 cfiT fu'IJ-J4c',I{ 98/3,
*
.:)
Jfmfc;rr. ~-2 cnr J-J I fc.l cfi ~. G1 f{c.h) ('j, q {cl, g, m ffi$ <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»
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
''\
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
~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'
----\ ('- ·~
-
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
..'.)
~ Injured Gulshah S/o Nahd Kishore ;;:)- ~RIT ~ "tr lTill ~c"f (f'"{
~. 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:-
~ Injured Devender S/o Ram Vilas Prasad ~ ~rl&ff41 *'" "# "Cfci'T ~
~ ~~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
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
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.
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
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,
(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
\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.
'
75 ,'~ ,,J J\,,l \, ~,J;J.1.!,',!. t '"J..L:
l.>'~11,_G11.. ... ,11u
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
\
76__
,·;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.
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)
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.
~~
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-- 78
BEFORE SH. U.K SINHA, JOINT LABOUR COMMJSSJONER, SOUT
EAST DISTRICT. GIRi NAGAR,GOVINDPUIU, NEW onuu
IN RE:
--VERSUS--
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
·'
., ., .
t ,
'
l '
. ·.i.,
I
I 79
mutually agreeable settlement pursuant whc.rcto they have duly executed
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.
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
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 ~
,
..
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,:,
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
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£:
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
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~~~
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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
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,
------. 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
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.
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
\VI IEREAS notwithstnnding the amount raised in the claim petition no.
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
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
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
(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
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
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
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
•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
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
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
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
AadharNo. 892113052019
~
2. SATISH PRASAD SECOND PARTY
Okhla phase 2, Okhla Industrial Area South Delhi RIO A 1/40, Second Floor,
1, Rukmanl Devi W/o Montu Sarakar . Aodhar number is 809359536042 received above
Draft/Banker Cheque from Tarun Garg.
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RECEIPT
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DATE. ' ~' II . 'J-0 J_ '?:,
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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
/\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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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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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
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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,
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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 I '
. .
; • I
. ,t;
,(' 0 • ••••I
! ' •. I I .:
111 CEC/SED/D/36/23
11.07.2024
l
In the matter of:
), :
Claimant: Sml. Sunita Devi & Ors. a/w Sh. A.K. Singh & Smt.
Been u Singh (AR)
Resp.: Sh. Tarun Garg
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 ·
(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:
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
and same are not being repeated herein for the sake of brevity.
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
PRAYER
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
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
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:
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:
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
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
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
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
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
(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
(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
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
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
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
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
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
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
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
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.
~~
2. SATISH PRSAD SECON~
Delhi- I I 0020
- .
'
,~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
. I w.
...
124
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. DATE.,:?,,?~ OJ' 2o2 ~
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NO. 3:)
DATE. <b, Q 3· !1121
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Signature
157
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RECEIPT
NO. Lj \
DATE. ?,o, o.3· 2:o2. '1
RECEIVED with thanks from Xf:\1s \)" J c~ M ~
. ...___..,....
_______________________ byg.tre{fue/Cashl[).faff
UE
Rs. 1 S', o(J0 }-
•"'-..'·~'-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
~--/
. ~~~~~~~~~--~
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, •
I . :.
I ·I • 11 '.
I I : ;
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: 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.
,.~
l OUI I
''
l<O &AC
..
(U.K. ~inha)
CEC
\',
i
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\
162
. BEFO~ SH. U.K SINHA, JOINT LABOUR COMMISSIONER· SOUT
EAST DISTRlCT. GIRi NAGAR.GOVINDPURI. NEW DELHI
I IN RE:
--VERSUS--
I. The applicants herein are the Claimant in the above captioned matter pending
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
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
PRAYER
In the prevalent facts and circumstances, it is most respectfully prayed that this
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
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
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,
AND
Sh. Tarun Garg S/o Sh. Jagdish Chand Garg, aged about 43 years, R/o A-1/40, 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
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
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
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
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
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
(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
(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
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
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
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
6. That this settlement agreement is made without any admission of liability or fault by
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
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
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.
2 SATISH PRASAD
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
~7-
172
e-PayOrdcr Details
e-PayOrder Dct;iils
c·l'ayOrdcr Number
CNIICPRQIQ7
Dclnt St.itus
Succcsv
27-i\llJ::·2023
NITISII l{llMJ\H
TJ\HUN GJ\RG
TJ\HUN GJ\RG
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"CNACl'RQIQ7"
Counterfoil Ocscription
Comr,cns.ition Amount
Tr:ms;iction Type
NEFT Funds transfer
11STIN Number
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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
•
1947 121
l\elpOuklal,gov.lr.
Im
www.Lildal.gov.ln
• 3!T&n: il;"f~ti:PITT~~~<m:~ ;:;;f~ •fih11r,wa,a1 t • You need to enrol only once for Aadhaar.
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~ fctm ~ mlf m it~~. This will help you to avail various services in future.
· - --·. · -- · --· ·- --· ··- · - · - - -- -----
· ---- ··- -- --- X- ·-- - · ---·- ·· - ··- · - --------- --- - --- -- - · · ------ · X·
I
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~l!<T ~= Address:
S/0.Shri Jag dish Chand Garg.
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.
~ /MALE
~. Ulf TfITT ~ 'Cffif, South Delhl,
Delhi· 110017
¢.f~fu;r ~. tfq~
~.~~.
mzjt. 110017
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181
TRUE TYPE
\.ti(d tt(cbl(
Unique Identification Authority of India
Government of India
-1t+iicb-1 ffi'1' 1 Enrollment No. 1055/54129/12532
To
{)ch1-t...ft ~
Rukamani Devi
W/0 Mantu Sarkar
F-105
SANJA Y COLONY
Okhla Phase 2 New Delhi
Okhla Industrial Estate South Delhi
Delhi 110020
\:tl<d tHcfil<
Government of India
<5cM4l ~
Rukmani Devi
~ cllSf, Year of Birth: 1981
~, Female
8093 5953 6042
~ - anJf af lqifl q)f ~
182
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. ~{: 1l!"I ~/DOB: 15/02/2000
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~/MALE
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187
TRUE TYPE
Address:
S/0. Sukhdev Singh, A-66, Jeevan Jyoti,
Rajeev Camp, Okhla, Phase-2, Okhla
Industrial Estate, South Delhi,
Delhi-110020
4567 9922 4990
VID 9183 7427 7495 3005
188
• lllra lffflt
Government of India
ap;ar~
Arun Kumar
~ f.lfif/ DOB: 01/01/1993
'JT.1f I MALE
;;
'«ff: Address:
1·
~; ~iivr. l.Jllf S/0: Tinaklal Manda!, Gram
Gokhulchak, Dhauri, t.\Jnger.
~.~.lfP". Blhar- 811213
f.mT-811213
••
189
mrcr~
Government of India
"'•
~~
Devendra Ku'Tlar
. ~ fc!lfit I DOB· 01/01/1990
~/Male
19'17
•
190
f.t*r~
Nirmal Kumar I
~ ~I DOB: 01/01/1983.
~ /MALE
lfcll: Address:
Khaira,
0
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CLrENT CLIENT
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L---
M Gmail
195 rashtra 2021 <rashtra10@gmail.com>
Petition under Section 482 in FIR NO. 569 of 2023 PS. Okhla Industrial Area.
1 message
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.