[Cites 1, Cited by 0]
Madhya Pradesh High Court
Smt Usha Kushwah vs The State Of Madhya Pradesh on 27 February, 2026
Author: Anand Pathak
Bench: Anand Pathak, Anil Verma
NEUTRAL CITATION NO. 2026:MPHC-GWL:7654
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 27th OF FEBRUARY, 2026
WRIT PETITION No. 6441 of 2026
SMT USHA KUSHWAH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None for petitioner.
Shri Chaturbhuj Sharma, Assistant Grade -II from the Office of Advocate General,
present in person on behalf of respondents/State.
ORDER
Per: Justice Anand Pathak
1. Due to call given by the High Court Bar Association, Gwalior,
lawyers are abstaining from work.
2. Today, corpus (daughter of petitioner) along with respondent No.4-
Sonu Kushwah is produced before this Court by Inspector Prashant Sharma,
Head Constable Shakeel Khan and Lady Constable Seema Rawat, Police
Station Gwalior, Gwalior (M.P.).
3. The instant petition is in the nature of habeas corpus .
4. As per allegations, daughter of petitioner (corpus herein) was in
illegal confinement of respondents No.4-Sonu Kushwah.
5. The corpus appeared before this Court along with respondent No.4-
Sonu Kushwah and informed this Court that they are major and have entered
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into wedlock recently.
6. When this Court raised specific query from corpus about her
intention, then she categorical submitted that she wants to live with her
husband, namely, Sonu Kushwah (respondent No.4 herein).
7. When this Court asked from respondent No.4-Sonu Kushwah
(husband of corpus) about his intention, then he submitted that he is working
in a factory and earning Rs.12,000/- per month. They both are major and
belong to the same community. However, as he does not have any house of
his own, the parents of corpus were reluctant to marry the corpus. He
undertakes to take care of corpus well.
8. Police Inspector Shri Prashant Sharma appeared before this Court
and informed that on 26/02/2026, a long discussion was held at the Police
Station between petitioner, her husband and the corpus. Parents of corpus
were informed about today's date.
9. Considering the submissions and going through the educational
record of corpus produced by the police officers, it appears that the corpus is
21 years old and Sonu Kushwah is 22 years old. Both are major and want to
live together. Hence, no useful purpose would be served to keep the petition
pending.
10. Ms. Seema Rawat, Lady Constable, Police Station Gwalior,
District Gwalior who has produced the corpus before this Court, is appointed
as "Shourya Didi" for corpus for next six months.
11. 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
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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,
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.
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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
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
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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."
12. Ms. Seema Rawat, Lady Constable, Police Station Gwalior,
District Gwalior shall take care of corpus for next six months about her
mental and emotional well-being so that she may lead a normal family life.
She shall also take some time once in a month or so to interact with corpus
and communicate regularly for next six months to act as "Shourya Didi" for
the corpus so that she can counsel her.
13. With the aforesaid directions, the instant petition stands disposed
of as rendered infructuous.
14. Corpus is set free. She may be permitted to go with her husband,
namely, Sonu Kushwaha (respondent No.4 herein) to live in her matrimonial
household.
(ANAND PATHAK) (ANIL VERMA)
JUDGE JUDGE
(Dubey)
