[Cites 1, Cited by 0]
Madhya Pradesh High Court
Rahul Rathore vs The State Of Madhya Pradesh on 3 February, 2026
Author: Anand Pathak
Bench: Anand Pathak, Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:4292
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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. 3102 of 2026
RAHUL RATHORE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awadesh Singh Tomar- Advocate for the petitioner.
Shri D.S.Kushwah- Additional Advocate General for respondent/State.
ORDER
Per: Justice Anand Pathak
Today, the corpus is produced before this Court by Inspector Ms.
Deepshiksha Tomar, Head Constable Shri Naresh Singh, and Lady Constable
Ms. Kalavati Kushwaha of Police Station GRP, Gwalior.
2. The petitioner, his father, and the mother of corpus are also present
in person.
3. The instant petition is in the nature of a writ of habeas corpus.
4. As per the allegations, the corpus, who happens to be the wife of the
petitioner, was in illegal confinement of respondent No.4, namely Rakesh.
5. The Police Officers produced the corpus on 02.02.2026 at about
04:30 PM. Therefore, the matter was listed today as the petitioner was not
available yesterday. Initially, the corpus was reluctant. Petitioner was also
not ready to accept the corpus back into the family fold. Accordingly, Ms.
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Anjali Gyanani, learned Government Advocate, was requested to act as a
Counsellor/Mediator to resolve the dispute.
6. Ms. Anjali Gyanani, learned Government Advocate, appeared
before this Court during the post-lunch session and submitted that the dispute
has been resolved and the corpus is now willing to live with her
husband/petitioner in the family fold. However, the petitioner expressed
certain anxiety and apprehensions. The petitioner, who happens to be the
husband of the corpus, raised concerns that the corpus may cause
embarrassment or harassment to him and his family members in future and
may threaten to commit suicide or falsely implicate them under some
provision of law. They also raised apprehension that the family members of
the corpus or the family of respondent No.4 may cause harassment or
physical violence.
7. This Court raised a specific query to the corpus regarding her
intention, to which she categorically submitted that she would not harass her
husband or his family members and would live peacefully and properly in the
domestic fold. The mother of the corpus also endorsed the said fact.
Corpus expressed her willingness to perform domestic work and household
chores.
8. Considering the submissions and the undertaking given by the
corpus that she shall live peacefully in the domestic fold and shall not be a
source of concern or embarrassment to her husband or his family members,
this Court is inclined to permit the petitioner to take the corpus back into the
family fold.
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9. In welfare of corpus, Inspector Ms. Deepshiksha Tomar & Lady
Constable Ms. Kalavati Kushwaha, Police Station GRP, Gwalior, who are
present in the Courtroom, are directed to act as "Shaurya Didi" for corpus
for next one year till January, 2027. The concept of "Shaurya Didi" has been
discussed in detail in case of Harchand Gurjar Vs. The State of M.P. & Ors.,
ILR 2024 MP 2547 (DB) . Relevant discussion about "Shaurya Didi" is
reproduced for ready reference.:-
"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,
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.
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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
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
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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."
10. The corpus shall not cause any embarrassment or harassment to the
petitioner and his family members. On the other hand, the petitioner shall
also take proper care of the corpus. The corpus is set free.
11. Inspector Ms. Deepshiksha Tomar and other Police Officers of
GRP, Gwalior are directed to take prompt action against any miscreants if
they attempt to disrupt the family life of the petitioner and the corpus.
12. Efforts of Shri D.S.Kushwah, Additional Advocate General and
Ms. Anjali Gyanani in undertaking counselling of corpus, deserves
appreciation.
13. In view of the above, this petition stands disposed of.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Prachi
