W.P.(CRL) 2142/2026 $~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010316702026 + W.P.(CRL) 2142/2026 CRL.M.A. 21429/2026 MOHAMMAD TAUSEEF .....Petitioner Through: Mr. Rakesh K. Khanna Sr. Adv. with Mr. Rakesh Mishra, and Mr. Akshit Tyagi, Advs. along with petitioner in person. versus STATE NCT OF DELHI .....Respondent Through: Mr. Anand V. Khatri, ASC for the State. SI Sunil Kumar and SI Noor Hasan, PS Ranjit Nagar. Mr. Davesh Bhatia, Mr. Sadre Alam, Mr. Z.A. Khan, Advs. for R2 along with R2 in person. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 10.09.2026 1. This hearing has been done through hybrid mode. BACKGROUND 2. The petitioner has approached this Court by way of two criminal writ petitions arising out of the same FIR. 3. In W.P. (Crl.) No. 2463/2026, the petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), seeking quashing of FIR No. 738/2023 dated 20.08.2023, registered at Police Station Ranjit Nagar, Delhi, under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and all criminal proceedings This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 emanating therefrom, along with consequential reliefs 4. However, the present petition, being W.P. (Crl.) No. 2142/2026, has been filed under Article 226 of the Constitution of India read with Section 528 of the BNSS, seeking quashing, withdrawal and/or removal of the Look Out Circular issued against the petitioner by the Delhi Police in connection with the aforesaid FIR No. 738/2023 dated 20.08.2023, registered at Police Station Ranjit Nagar, Delhi, under Sections 498A/406/34 of the IPC. The prayers in the present petition are as follows: “(a) issue an appropriate writ, order or direction, thereby quashing/ withdrawing/ removing the Look Out Circular issued by the Delhi Police against the Petitioner Mohd. Tauseef in connection with FIR No. 738/2023 dated 20.08.2023, registered at Police Station Ranjit Nagar, Central District, Delhi, under Sections 498A/406/34 IPC; and (b) issue an appropriate writ, order or direction, directing the Respondent, its officers and agents, to permit the Petitioner to travel abroad to the Kingdom of Saudi Arabia to resume his employment, without any hindrance or obstruction on account of the aforesaid Look Out Circular; and (c) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.” 5. Both petitions arise out of the same FIR and are, therefore, interconnected. While W.P. (Crl.) No. 2463/2026 seeks quashing of the FIR and the criminal proceedings emanating therefrom, W.P. (Crl.) No. 2142/2026 concerns the Look Out Circular issued against the petitioner in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 connection with the said FIR. FACTUAL MATRIX 6. It is the case of the Petitioner that Mohd. Tauseef was married to the complainant, Smt. Nazmeen, on 24.12.2017 as per Muslim rites and ceremonies. Owing to certain matrimonial and temperamental differences, the parties started living separately and no child was born from the wedlock. 7. It is further the case of the Petitioner that on the complaint of the complainant, FIR No. 738/2023 dated 20.08.2023 was registered at PS Ranjit Nagar, Central District, Delhi, under Sections 498A/406/34 IPC against the Petitioner and his family members. At the time of registration of the FIR, the Petitioner was employed and residing in the Kingdom of Saudi Arabia and, due to his employment abroad, could not immediately join the investigation, pursuant to which a Look Out Circular (LOC) was issued against him. The Petitioner submits that his absence was neither deliberate nor intended to evade the process of law. 8. It is the case of the Petitioner that upon his return to India, he voluntarily appeared before the Investigating Officer and joined the investigation on 12.06.2026, and has thereafter fully cooperated with the Investigating Agency. It is submitted that no further presence or custody of the Petitioner is required in connection with the aforesaid FIR. 9. It is further the case of the Petitioner that the matrimonial disputes between the parties have since been amicably and finally resolved through mediation, pursuant to a Mediation Settlement dated 02.07.2026 arrived at before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, in Mediation No. 6329/2026. In terms of the settlement, the parties have agreed to resume their matrimonial relationship and reside together in the Kingdom of Saudi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 Arabia, where the Petitioner is employed. The complainant has also agreed to withdraw her complaint and cooperate in the quashing of the FIR and proceedings arising therefrom. 10. It is further submitted that the Petitioner is required to return to Saudi Arabia to resume his employment, which is the source of livelihood for him and his family. However, the subsisting Look Out Circular is preventing him from travelling abroad and jeopardising his employment, thereby causing grave hardship and prejudice to the Petitioner and his family. Hence, the present petition. SUBMISSIONS ON BEHALF OF THE PETITIONER 11. Learned senior counsel for the petitioner places reliance on the settlement agreement and submits that the parties have resolved their disputes and agreed to resume cohabitation in Saudi Arabia from 01.12.2026. It is further agreed that the husband shall maintain the wife, bear the household expenses, and pay ₹5,000/- per month towards her personal expenses, besides ₹4,00,000/- towards arrears of maintenance. The parties have also undertaken to live peacefully and harmoniously, discharge their matrimonial obligations, and refrain from quarrelling or using abusive language against each other. 12. It is submitted that the petitioner had joined the investigation on 12.06.2026 and has fully cooperated with the Investigating Agency, and that there are no non-bailable warrants, proclamation or other coercive process pending against him. 13. Learned senior counsel submits that the continued operation of the Look Out Circular is preventing the petitioner from returning to Saudi Arabia and resuming his employment, thereby jeopardising his livelihood and that of his family. It is, therefore, submitted that the LOC serves no further purpose This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 and its continuance is arbitrary, disproportionate and violative of the petitioner’s rights under Articles 19 and 21 of the Constitution of India. 14. Learned senior counsel places reliance on Dhananjay Rathi v. Ruchika Rathi, 2026 INSC 360, to contend that the parties are bound by the terms of a mediated settlement and that the settlement having resolved the matrimonial disputes, the petitioner ought not to be subjected to any further impediment. SUBMISSIONS ON BEHALF OF THE RESPONDENT 15. Per contra, learned counsel for the complainant submits that the petitioner has not approached this Court with clean hands and has deliberately suppressed material facts, including the pendency of execution proceedings and the substantial maintenance arrears due to the complainant. It is submitted that the Mediation Settlement dated 02.07.2026 is conditional and cannot be construed as an unconditional consent permitting the petitioner to travel abroad. 16. It is further submitted that despite the interim maintenance order dated 25.08.2023, the petitioner has paid only approximately ₹25,000/- against arrears exceeding ₹10,50,000/-, and Execution Case Nos. 330/2023, 309/2024 and 17/2026 are pending before the learned Trial Court. The petitioner has also failed to disclose his complete address, employer details, salary particulars and bank account details in Saudi Arabia, giving rise to a genuine apprehension that he may frustrate the pending execution proceedings if permitted to leave India. 17. Learned counsel further submits that the petitioner had earlier approached the learned Trial Court seeking permission to travel abroad but withdrew the said application and thereafter approached this Court seeking substantially the same relief, which amounts to forum shopping and abuse of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 the process of law. It is also submitted that the petitioner failed to implead the complainant despite seeking relief directly affecting her rights and that his conduct subsequent to the settlement demonstrates lack of bona fides. Accordingly, it is urged that the petitioner is not entitled to any equitable or discretionary relief and the present petition deserves to be dismissed. FINDINGS AND ANALYSIS 18. This Court has considered the rival submissions and perused the material placed on record. 19. At the outset, it is noticed that the petitioner seeks interference with the Look Out Circular primarily on the ground that he has joined the investigation and that the matrimonial dispute between the parties has been amicably settled. However, the complainant has placed before this Court circumstances which cannot be brushed aside at this stage. 20. It is the specific case of the complainant that substantial arrears of maintenance remain outstanding against the petitioner and that Execution Case Nos. 330/2023, 309/2024 and 17/2026 are pending before the learned Trial Court. It is further submitted that despite the order of interim maintenance dated 25.08.2023, the petitioner has paid only approximately ₹25,000/- against the alleged outstanding amount exceeding ₹10,50,000/-. The petitioner has also, according to the complainant, failed to furnish his complete employment, residential, and financial particulars in the Kingdom of Saudi Arabia. 21. It is necessary to note that the petitioner relies upon the Mediation Settlement dated 02.07.2026, under which the parties agreed to resume their matrimonial life in Saudi Arabia on or before 01.12.2026. At the same time, however, the petitioner is seeking permission to travel abroad immediately, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 contending that his employment and visa requirements necessitate his departure. 22. It is noteworthy that, despite the settlement having been arrived at before the learned Trial Court/Mediation Centre, the petitioner did not disclose at that stage that his visa was nearing expiry or that there was any such immediate urgency requiring his departure from India. The said circumstance assumes significance when the petitioner now seeks to invoke the extraordinary jurisdiction of this Court for immediate interference with the LOC. 23. Further, while the petitioner submits that he shall comply with the terms of the settlement and make the requisite payment by 01.12.2026, he seeks to leave the country immediately, without first demonstrating compliance with the obligations which he has undertaken to fulfil under the settlement and despite the pendency of execution proceedings arising from the maintenance order. In these circumstances, the apprehension expressed by the complainant that the petitioner may become unavailable for enforcement of the mediation settlement and pending proceedings cannot, at this stage, be termed wholly unfounded. 24. The Court is, therefore, of the view that the subsequent assertion of an immediate necessity to travel abroad, particularly when such urgency was not disclosed at the time of entering into the settlement, coupled with the petitioner's conduct in relation to the pending execution proceedings, warrants caution in exercising the discretionary jurisdiction of this Court. 25. The judgment relied upon by learned senior counsel for the petitioner does not come to the aid of the petitioner and is distinguishable, the present case concerns the petitioner’s request for travel abroad in the backdrop of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13 W.P.(CRL) 2142/2026 pending execution proceedings. CONCLUSION 26. Accordingly, this Court finds no merit in the present petition. The prayer for quashing, withdrawal or removal of the Look Out Circular, as also the consequential prayer permitting the petitioner to travel to the Kingdom of Saudi Arabia, is declined. 27. The present petition is, accordingly, dismissed. It is, however, clarified that nothing contained in the present order shall be construed as an adjudication on the merits of the pending execution proceedings or the rights and contentions of either party therein. 28. The petitioner shall be at liberty to avail of such remedies as may be available to him before the learned Trial Court in accordance with law. 29. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 10, 2026/ys/RM This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:02:13