The Rajasthan High Court has dismissed a complaint filed under the SC/ST (Prevention of Atrocities Act) against actress Shilpa Shetty, who had been accused of using the term "Bhangi" during a 2013 television interview.

Justice Arun Monga held: "In light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the lack of applicability of the SC/ST Act, the FIR is patently illegal and deserves to be quashed. The allegations neither substantiate the statutory elements of the cited offenses nor provide any basis for criminal proceedings against the Petitioner."

Ashok Panwar filed a police complaint stating that he had watched a television interview featuring film actors Salman Khan and Shilpa Raj Kundra (the petitioner), during which the word "Bhangi" was used. He claimed that the term allegedly offended members of the Valmiki community. Based on this, an FIR was registered, and an investigation was initiated.

The petitioner's counsel argued that the interview, which led to the FIR in question, was recorded in 2013. However, the FIR was filed by the respondent on 22.12.2017, more than three years later. It was asserted that, as per established legal principles, a delay in filing the FIR, unless satisfactorily explained, is inherently detrimental to the case.

The petitioner’s counsel argued that the SC/ST Act does not apply in this case, as the alleged remarks lacked the intent to humiliate based on caste. It was contended that the FIR was legally unsound and constituted an abuse of process. Consequently, the court observed that there were no allegations against the petitioner that justified the continuation of the complaint and, therefore, quashed the case.

Case: Shilpa Raj Kundra v State of Rajasthan.

Case No: S.B. Criminal Misc(Pet.) No. 1600/2018