Since the FIR/case under Sections 506 and 509 IPC is already pending and your quashing petition before the High Court has also remained pending for about two years, I would not advise you to simply wait indefinitely. The fact that the case is affecting your employment and background verification is a legitimate circumstance to place before the High Court.
The present BNS equivalents are Section 351 (criminal intimidation) and Section 79 (word, gesture or act intended to insult the modesty of a woman), although the sections mentioned in your existing proceedings will depend upon when the alleged offences occurred and the law applicable to that case.
There is, however, no fixed period within which a High Court must finally decide a quashing petition. Two years of pendency does not automatically mean that the proceedings will be quashed. The Court has to examine the FIR/complaint, the material collected and whether the ingredients of the alleged offences are prima facie disclosed.
What you should do now
Your advocate should consider filing an application for early hearing/expeditious disposal in the pending quashing petition rather than filing another independent proceeding.
The application should specifically place on record:
- That the criminal case has been pending since 2023.
- That the quashing petition has itself remained pending for approximately two years.
- That you are continuously employed and have suffered repeated employment background-verification difficulties because of the pending criminal case.
- That your existing employer initially marked the BGV adversely but, after you furnished clarification, changed it from red to green.
- That the pendency is affecting your ability to seek new employment and is causing continuing prejudice despite the allegations being disputed.
- That you are not seeking to bypass the criminal process, but only requesting the High Court to decide the pending petition expeditiously.
The Supreme Court has repeatedly recognised that undue delay in criminal proceedings can cause serious prejudice and implicate the constitutional guarantee of fair and speedy justice under Article 21. In a recent 2025 decision, the Supreme Court specifically observed that prolonged delay can amount to a denial of justice and directed expeditious handling of long-pending criminal matters.
Regarding your career
A pending criminal case does not by itself legally prohibit you from changing jobs. The practical issue is the employer's background-verification policy.
You should not conceal the pending case if a prospective employer specifically asks about pending criminal proceedings. Instead, provide a concise factual disclosure along with the relevant High Court petition/order and explain that:
"The criminal proceedings are disputed and a petition seeking quashing is pending before the Hon'ble High Court."
The fact that your present employer changed the BGV result from red to green after considering your clarification is useful material. Preserve the email/report showing this, because it demonstrates that the adverse BGV flag can be resolved when the circumstances are properly explained.
Can the case simply be closed because it has been pending for two years?
Not automatically. Delay alone does not guarantee quashing. The strength of your quashing case will depend principally on whether the allegations, even if accepted at face value, actually constitute offences under Sections 506/509 IPC and whether the material collected supports the prosecution.
Therefore, I would suggest that your lawyer simultaneously examine the substantive merits of the quashing petition and move for early disposal. If the allegations are demonstrably vague, inherently improbable, omnibus, or fail to satisfy the ingredients of the offences, those grounds should be specifically highlighted.
Most importantly, do not file multiple applications merely because the matter is delayed. A properly drafted early-hearing application supported by documentary proof of the continuing career prejudice is the appropriate immediate step.