• 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 2 months ago in Criminal Law
Religion: Hindu

17 answers received from multiple lawyers

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17 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
91167 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
466 Answers

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

Prashant Nayak
Advocate, Mumbai
35314 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
100959 Answers
8246 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
11519 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
466 Answers

There is no certainty that the quashing would be allowed since it is rarely done.

Therefore, concentrate on your career after explaining the company the falsity of the case. 

Devajyoti Barman
Advocate, Kolkata
23725 Answers
539 Consultations

A 2-year duration means your case is likely stuck in the middle procedural stages—such as framing of charges, recording evidence, or cross-examining witnesses.

You can file an application before the trial court highlighting the undue delay, your loss of career/livelihood, and requesting day-to-day or time-bound hearings.

If the case is baseless or filed with malicious intent, your lawyer can file a petition in the High Court to quash the FIR/complaint entirely. You can even request for an expeditious trial if the quash petition is dismissed.

T Kalaiselvan
Advocate, Vellore
91167 Answers
2525 Consultations

Criminal cases take years to be disposed of 

 

disposal depends upon pendency of cases in trial court 

Ajay Sethi
Advocate, Mumbai
100959 Answers
8246 Consultations

Dear Client,

There is no fixed statutory period within which a High Court must decide a quashing petition. Since your petition has remained pending for about two years, you can ask your advocate to seek an early expediated listing, explaining the continuing impact on your employment and career.

For employment, keep the FIR, charge sheet/final report, quashing petition, orders, and previous BGV clarification ready. If your former employer changed the BGV status from red to green after your clarification, that may be useful when explaining the pending case to a new employer.

It would be advisable to have your High Court advocate file an appropriate early-hearing application, rather than waiting indefinitely for the petition to be listed.

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



Anik Miu
Advocate, Bangalore
11519 Answers
127 Consultations

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.

 

 

 

Yuganshu Sharma
Advocate, Delhi
1627 Answers
5 Consultations

Exact dates and period in Indian court cannot be given 

Prashant Nayak
Advocate, Mumbai
35314 Answers
257 Consultations

Under Indian law (GSR 570(E) notification under the Passports Act), having a pending criminal case or FIR does not permanently bar you from holding a valid passport. You do not need to show an international travel itinerary to get a renewal.

If your case is pending before a local trial court, you  file the NOC application directly in that court.You can approach the High Court for the NOC only if the trial court proceedings have been stayed by the High Court or if the main case/quashing petition is currently pending before the High Court, or if you are appealing a decision.

T Kalaiselvan
Advocate, Vellore
91167 Answers
2525 Consultations

Thanks fir your appreciation 

 

legal  fees vary depending upon lawyer engaged by you 

 

apply for permission for renewal before trial court .NOC would be issued 

Ajay Sethi
Advocate, Mumbai
100959 Answers
8246 Consultations

We cannot give strict time line on time  taken for obtaining NOC from court 

 

 

Ajay Sethi
Advocate, Mumbai
100959 Answers
8246 Consultations

When a quash petition is pending in the High Court under Section 482 CrPC (for IPC Sections 506 and 509), the criminal case is legally considered pending before a court of law under Section 6(2)(f) of the Passports Act, 1967. Merely filing or having a pending quash petition does not automatically issue an NOC; you must formally apply to obtain one.

There is no fixed nationwide timeline specified by law for a court to issue a No Objection Certificate (NOC) or permission order for passport renewal.

The duration depends on whether you seek permission from the High Court (where your quash petition is pending) or the Trial Court/Magistrate Court handling the underlying case.

T Kalaiselvan
Advocate, Vellore
91167 Answers
2525 Consultations

Can you renew your passport for domestic use or company verification while a criminal case is pending? Yes, the pendency of a criminal case does not automatically bar passport renewal, as courts have consistently held that mere pendency cannot be a ground for refusal. However, Section 6(2)(f) of the Passports Act empowers authorities to refuse if proceedings are pending before a criminal court. You must declare the pending case in your application and obtain a No Objection Certificate (NOC) from the court where your case is pending. The purpose (domestic use or company verification) does not change this requirement.

How many days will it take to get the NOC from the High Court? Since your quash petition for Sections 506 and 509 is pending in the High Court, you must apply for the NOC to that same court. Courts have directed that such applications be decided expeditiously, preferably within one week of filing. Some High Courts have mandated the trial court to issue the NOC within one week. Once the NOC is obtained, the passport authority must decide your renewal application within one month. Timelines depend on court scheduling.

What are the lawyer's charges for this process? Lawyer fees for obtaining an NOC and handling passport renewal matters vary widely based on the complexity of the case, the lawyer's experience, and the court's location. Generally, consultation and representation fees can range from approximately Rs. 10,000 to Rs. 50,000, depending on the case. Since your matter is already before the High Court, additional fees may apply for filing the NOC application. It is advisable to discuss the exact fee structure with your advocate upfront.

Lalit Saxena
Advocate, Sonbhadra
466 Answers

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