- 1 - HC-KAR NC: 2026:KHC:11557 CRL.P No. 7477 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7477 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SMT ASHA GABRIEL W/O CARMEL ISAAC AGED ABOUT 39 YEARS NO 8, CRISTA THE KINGS ELLAM BAIRATHI CROSS, KOTTANUR BANGALORE 560 077 NOW AT DUBAI BY GPA HOLDER DANIEL B G S/O LATE D GABRIEL AGED ABOUT 35 YEARS, SHARON NILAYAM, NO 1/1, RAMACHANDRAPPA LAYOUT EXTENSION 2 KARIYANAPALYA ST THOMAS TOWN POST LINGARAJAPURAM BANGALORE 560 084. …PETITIONER (BY SRI. AMARESH A ANGADI, ADVOCATE) AND: 1. STATE BY HENNUR POLICE BY ITS POLICE INSPECTOR HENNUR POLICE STATION BANGALORE CITY 560043 2. MRS. FATIMA SAMSON W/O SAMSON AGED ABOUT 65 YEARS NO.24, HANUMANNA LAYOUT, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11557 CRL.P No. 7477 of 2023 VIDYARANYAPUR BENGALURU 560 084. …RESPONDENTS (BY SRI. B.N.JAGADEESH, ADDL. SPP FOR R1 SRI. SHIVAJI H MANE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.53825/2019 PENDING ON THE FILE OF XI ADDL. C.M.M., MAYO HALL, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following relief: "To quash the Criminal proceedings in C.C.No.53825/2019 pending on the file of the Hon'ble Court of XI Additional CMM Court, Mayo Hall, Bengaluru." 2. Learned counsel for the complainant and the learned Additional SPP would submit that charges have been framed and trial is in progress. 3. In the light of the charges being framed and the trial being in progress, the petition under Section 482 of Cr.P.C. would not be entertained in the light of the judgment of the - 3 - HC-KAR NC: 2026:KHC:11557 CRL.P No. 7477 of 2023 Hon'ble Apex Court in the case of MINAKSHI BALA V. SUDHIR KUMAR1. 4. Learned counsel for the petitioner submits that the petitioner/accused No.2 is residing in Dubai and she may not be able to come and attend the trial. 5. That would not mean that this Court would grant exemption to a person, who is sitting abroad and not facing the trial. It is for her to file necessary application before the concerned Court and the concerned Court to consider the same in accordance with law. 6. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE PMR List No.: 1 Sl No.: 271 1 (1994) 4 SCC 142