Dr. Mohammed Asif @ Mohammed Asif Khan Vs the… — Writ and Judicial Review | Karnataka HC (2026)

Dr. Mohammed Asif @ Mohammed Asif Khan Vs the… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Liberty to withdraw the Writ Petition in terms of the memo; Writ Petition disposed as withdrawn without adjudication of the quashing prayer.

Issue for consideration

Whether the entire proceedings in PCR No. 843/2023 before the Principal Civil Judge (Jr. Dn) and JMFC, Tumakuru and Crime FIR No. 31/2024 dated 07/03/2024, registered against the petitioner under Sections 120B, 420, 467, 468, 470, 504, 506 and 509 r/w Section 34 IPC, should be quashed insofar as the petitioner is concerned (as inferred from the prayer clause; the petition was disposed on withdrawal without adjudication).

Court's answer

Accepting the memo filed by learned counsel for the petitioner recording amicable settlement of the dispute between the petitioner and respondent No. 2 and seeking liberty to withdraw, the Court permitted withdrawal and disposed the Writ Petition as withdrawn; the quashing prayer was not adjudicated on merits.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru — Writ Petition No. 24299 of 2024 (GM-RES) — Dr. Mohammed Asif @ Mohammed Asif Khan v. (i) State of Karnataka through Tilak Park Police Station, Tumakuru and (ii) Sri Zia Ur Rehaman — Coram: M. Nagaprasanna, J. — Decision date: 12.02.2026. The petitioner, a Mumbai-based Unani doctor, had filed the Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C./Section 528 of BNSS, 2023 praying to (a) quash the entire proceedings in PCR No. 843/2023 on the file of the Principal Civil Judge (Jr. Dn) and JMFC, Tumakuru (Annexure-A) and (b) quash Crime FIR No. 31/2024 dated 07/03/2024 registered against him under Sections 120B, 420, 467, 468, 470, 504, 506 and 509 r/w Section 34 of IPC (Annexure-B), insofar as he was concerned. When the petition came on for orders, learned counsel filed a memo submitting that the dispute between the petitioner and respondent No. 2 had been amicably settled and seeking permission to withdraw the matter with liberty; in terms of the memo, the Court disposed the Writ Petition as withdrawn. No issue relating to the quashing prayer was adjudicated; accordingly, no merits holding, precedent citation or quantum arises from this oral order.

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NC: 2026:KHC:8819 WP No. 24299 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24299 OF 2024 (GM-RES)

BETWEEN:

DR. MOHAMMED ASIF @ MOHAMMED ASIF KHAN, S/O ALTAF AHAMED KHAN, AGED ABOUT 55 YEARS, OCC: UNANI DOCTOR, R/O NAGORI DIAGNOSTIC CENTRE, NAGORI NURSING HOME, MOULAA AZAD ROAD, NAGPADA, MUMBAI – 400 008.

…PETITIONER

(BY SRI. RAGHU H.P., ADVOCATE)

AND:

Digitally signed by SANJEEVINI 1. THE STATE OF KARNATAKA, J KARISHETTY THROUGH TILAK PARK POLICE STATION, Location: High TUMAKURU. Court of Karnataka 2. SRI. ZIA UR REHAMAN, S/O ABDUL WAHAB, AGED ABOUT 55 YEARS, R/O SADASHIVANAGAR, MELUKOTE ROAD, TUMAKURU – 572 102.

…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1)

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NC: 2026:KHC:8819 WP No. 24299 of 2024

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C.,/SECTION 528 OF BNSS, 2023 PRAYING TO A) QUASH THE ENTIRE PROCEEDINGS IN PCR NO. 843/2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR. DN) AND JMFC, TUMAKURU AS PER ANNEXURE-A IN SO FAR AS PETITIONER IS CONCERNED; B) QUASH CRIME FIR NO.31/2024 DATED 07/03/2024 REGISTERED AGAINST THE PETITIONER UNDER SECTIONS 120B, 420, 467, 468, 470, 504, 506 AND 509 R/W SECTION 34 OF IPC AS PER ANNEXURE-B IN SO FAR AS PETITIONER IS CONCERNED.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Learned counsel appearing for the petitioner files a memo seeking withdrawal of the Writ Petition. The memo so filed reads as follows:

"That the Petitioner humbly submits that the dispute, the subject matter of the above petition, between the Petitioner and Respondent No.2 has been amicably settled, and accordingly, the Petitioner be permitted to withdraw the above matter with liberty, in the interest of justice and equity."

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NC: 2026:KHC:8819 WP No. 24299 of 2024

HC-KAR

In terms of memo, the Writ Petition is disposed as

withdrawn.

Sd/(M.NAGAPRASANNA) JUDGE

CBC

List No.: 3 Sl No.: 8