• Pending case 506 and 509

Hi Team,
I am working on some mnc from last 5 years in 2023 my uncle family put false case on my family (counter case) me A3 my father and mother A1 and A2.the case in pending state till in local court and I applied quash for hight court that is also in till pending .now in 2023 mid and 2025 in same company they did client bgv they put red mark after giving clarification they put red to green.now i want to switch different company is there any pblm can you give suggetion what I need to do
Asked 1 day ago in Criminal Law
Religion: Hindu

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6 Answers

You can switch companies, but you must manage your background verification (BGV) proactively to prevent future red flags.

The transition is entirely possible because your current employer has already established a precedent of accepting your clarification. Since the cases under Section 506 (criminal intimidation) and Section 509 (insulting the modesty of a woman) of the Indian Penal Code (IPC) are still pending and you have not been convicted, you are legally innocent until proven guilty.

Once you receive the official offer letter and are asked to fill out the BGV or onboarding forms, you must declare the case if there is a question asking: "Are there any pending criminal cases against you.

Do not wait for the new company's BGV team to find the case and flag it. Be ready to upload a single, organized PDF file containing the documents proving your innocence.

T Kalaiselvan
Advocate, Vellore
90979 Answers
2525 Consultations

Switching jobs with a pending criminal case (under IPC Sections 506 and 509) is a common concern, but it is not an automatic disqualifier. The fact that you have already cleared one client BGV—moving from a "red" to a "green" status after providing a clarification—is a significant positive signal. It shows that your explanation was accepted, and you were not deemed a risk.

Your primary risk is nondisclosure. Many companies have a zero-tolerance policy for hiding information. If a future verification form asks about pending cases, you must disclose it honestly. Since your case is false and you have a quash petition pending in the High Court, you can clearly explain this situation. The courts have ruled that mere pendency of an FIR is not grounds to deny employment, especially in familial disputes. However, the Supreme Court has also stated that an employer can still consider your antecedents even after disclosure. This means the employer has the discretion to accept or reject your candidature.

Here is my practical suggestion: Be upfront with the recruiter or HR before the formal BGV begins. Explain the situation concisely: that a false counter-case was filed by family members, you and your parents are accused (A1-A3), and you have already filed a quash petition in the High Court which is pending. Also, mention that you have already cleared a BGV with your current company after providing a similar clarification. This proactive approach builds trust. If the quash petition is allowed, you will have a court order stating the case is baseless, which you can then use to clear any future hurdles.

Lalit Saxena
Advocate, Sonbhadra
362 Answers

You need to give the certified copy of order and inform the website to update the latest quashing order 

Prashant Nayak
Advocate, Mumbai
35205 Answers
257 Consultations

since your current employer successfully converted your background verification (BGV) from Red to Greenafter your clarification, you already have a proven track record of handling this situation.

2Most Indian MNCs use automated databases (like National Judicial Data Grid) for criminal background checks. Your pending case will show up. A pending case is usually flagged as "Yellow" or "Amber" (requiring review) rather than an automatic "Red" (rejection), because a person is considered innocent until proven guilty.

 

Ajay Sethi
Advocate, Mumbai
100771 Answers
8236 Consultations

Dear Client,

Usually, a pending criminal case does not automatically disqualify you from changing jobs. As most employers conduct a background verification (BGV), and the outcome depends on the company's policy, the nature of the allegations, and whether you disclose the case honestly. Since you have already explained the case during your previous BGV and it was cleared, you should truthfully disclose the pending case if asked

If the case is false and your quash petition is pending before the High Court, keep copies of the FIR, charge sheet, High Court proceedings and every other relevant document ready for clarification, as a clean explanation and supporting documents usually help during BGV.

Thankyou for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.

Anik Miu
Advocate, Bangalore
11416 Answers
127 Consultations

I understand your frustration and the severe impact this false case has had on your career over two long years. To directly answer your question: there is no fixed statutory timeline for a final decision from a court, as it depends on the complexity of the case, the volume of evidence, the court’s docket, and the judge’s schedule. However, many jurisdictions, including India, have procedural guidelines—for instance, under the new BNSS, courts are expected to deliver judgment within 30 days after the conclusion of trial, extendable to 45 days, and the Supreme Court has suggested that reserved judgments should be pronounced within three months. But these rules apply only after the trial ends, not to the entire litigation process. Unfortunately, a two-year delay is not uncommon; in India, about 31.8% of criminal trials take one to three years, and more serious cases can drag on for five to ten years. Your career loss is a genuine hardship, but the law offers remedies. Consult your lawyer immediately to explore filing a petition for quashing the FIR before the High Court if the case is baseless or malicious—success can terminate the proceedings early. You may also seek a speedy trial order or, if ultimately acquitted, claim compensation from the complainant for damages, as courts have awarded monetary relief in similar situations. Remember, registration of an FIR does not equate to guilt, and passive waiting only prolongs your agony. Take proactive legal steps now, such as moving for discharge or challenging the charges, to break the deadlock and reclaim your professional future. Time is critical, so act decisively with your attorney’s guidance.

Lalit Saxena
Advocate, Sonbhadra
362 Answers

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