[Cites 1, Cited by 0]
Madhya Pradesh High Court
Ashok Prajapati vs The State Of Madhya Pradesh on 3 February, 2026
Author: Anand Pathak
Bench: Anand Pathak, Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:4205
1 WP-3646-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 3 rd OF FEBRUARY, 2026
WRIT PETITION No. 3646 of 2026
ASHOK PRAJAPATI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashwini Sharma - Advocate for petitioner.
Shri D.S. Kushwaha-AAG for respondents/State.
ORDER
Per: Justice Anand Pathak
1. Today, corpus is produced before this Court by Sub Inspector Sanjay
Sharma, Head Constable Rajkumar (1842), Lady Constable Ms. Megha
Sharma from Police Station Dabra, District Gwalior (M.P.). Father of corpus
accompanied corpus.
2. Petitioner Ashok Prajapati (husband of corpus) is also present in
person.
3. The instant petition is in the nature of habeas corpus .
4. Corpus is a person with disability (hearing and speech impairment).
She is wife of petitioner. As per allegations, she was in illegal confinement
of respondent No.4-Sonu Pal. Hence, this petition was preferred.
5. On 2/2/2026, corpus was produced before this Court by police but
since petitioner was not present, therefore, matter was posted today.
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6. Today, petitioner (husband of corpus) appeared before this Court
and when this Court raised specific query from petitioner about his intention,
then he fairly submits that he is ready to accept corpus in family fold.
7. This Court raised specific query from corpus about her intention and
this thought was conveyed to corpus by Sign Language Expert - Shri
Harimohan Singh Baghel from Shaskiya Drishti Evam Shravan Badhyata
Uchchatar Madhyamik Vidyalay, Hurawali, District Gwalior. He interacted
with corpus through sign language and informed this Court that corpus is
ready to live with her husband (present petitioner). She wants to live in
domestic fold.
8. Considering the submissions made and intention of parties,
especially that of the corpus, nothing remains to be decided. The instant
petition outlived its purpose.
9. However, Ms. Megha Sharma Lady Constable, Police Station
Dabra, District Gwalior who is present in Court is directed to perform duties
of "Shourya Didi" vis-à-vis present corpus so that she can interact with her
regularly and ensure that she resides peacefully in her domestic house.
10. The concept of "Shourya Didi" has been discussed in detail in case
of Harchand Gurjar Vs. The State of M.P. & Ors., ILR 2024 MP 2547 by the
Division Bench of this Court. Relevant discussion about "Shourya Didi" is
reproduced for ready reference as under:-
"5. This is a case where corpus is recovered by police from
the perpetrators of crime and she is willing to go back to her
maternal home with her parents. On surface, things look normal,
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but underneath such incident leaves dejection, despondency and
depression into the psyche of a girl who is hardly exposed to the
frailties of human nature. Most of the times, she suffers from
mental and emotional trauma because of nature of incident.
Victims of sexual offences or sometimes girl left her maternal
home for marriage or being annoyed by parents or Child in Need
of Care and Protection are some of the instances where these
children need not only the protection but some affirmative actions
like Encouragement, Guidance or Mentoring for their future
course of life.
6. Who will do this mentoring or guidance, is the question.
Sometimes parents are illiterate. Sometimes they are busy in
earning both the meals for the day and sometimes they are so
shocked with the incident that they cannot handle such situation.
Then, girl faces the wrath of adverse time.
7. Either parents force her to close her studies or try to
marry her and shift the responsibility. Sometimes they reprimand
or scold the child in such fashion that child again leaves the home
and falls into the trap of perpetrators waiting for such eventuality.
8. One more aspect deserves attention is Stockholm
Syndrome. In such mental situation, out of fear or anxiety or
mental disposition, she falls in love with her own perpetrator or
empathizes with him and surrenders herself to him. Even a Child
in Need of Care and Protection may also undergo any one of such
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eventualities, therefore, it appears that parents sometimes are
inadequately equipped to handle such situation as well as the
child.
9. Then another question arises is if not parents, then who
can take the responsibility. In this condition, it appears that
Society/State have to come forward for such purpose. According
to this Court, Shaurya Didi is one such concept which if
implemented effectively, then it can bring change in the lives of
many. Shaurya Didi would be a female Sub Inspector or Constable
or she may be a fit person as per Juvenile Justice Act or may be a
female staff of Women and Child Development Department living
in the vicinity of child/victim. They can mentor, guide and
encourage the victim to come into main stream and to encourage
her to engage in creative pursuits. This way child would be
encouraged to study or to engage in vocational course so as to
stand on her own in future. Later on, she herself may become a
good volunteer as Shaurya Didi to perform this pious work.
10. This is a concept which requires evolution by the policy
makers to address the plight of victims of sexual offences as well
as Child in Need of Care and Protection and at times for Child in
Conflict with Law also. Concerned departments may think over
framing Statutes/Rules/Guidelines in detail in this regard."
11. Ms. Megha Sharma, Lady Constable, Police Station Dabra, District
Gwalior shall take care of corpus for next six month about her mental and
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emotional well-being so that she may lead a normal life. She shall also take
some time once in a month or so for next six months to act as "Shourya
Didi" for the corpus so that she can counsel her to become an independent
and self-reliant individual.
12. With the aforesaid directions, the instant petition stands disposed
of.
13. Corpus is set free. She may move from Court premises along with
petitioner.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
(Dubey)
