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CDJ 2026 MPHC 072
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| Court : High Court of Madhya Pradesh (Bench at Gwailor) |
| Case No : Writ Petition No. 7029 Of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE ANAND PATHAK & THE HONOURABLE MR. JUSTICE HIRDESH |
| Parties : Sapna Barar Versus The State Of Madhya Pradesh & Others |
| Appearing Advocates : For the Petitioner: Shishupal Gurjar, Advocate. For the Respondents: Mohit Shivhare, Government Advocate. |
| Date of Judgment : 28-02-2026 |
| Head Note :- |
Comparative Citation:
2026 MPHC-GWL 7701,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Juvenile Justice Act
2. Catch Words:
- habeas corpus
- minor
- child in need of care and protection
- mental trauma
- Shourya Didi
3. Summary:
The petition, filed as a habeas corpus proceeding, alleged that the petitioner’s 16‑year‑old daughter was being illegally confined by respondent No. 4, Manish Jatav. The child was produced before the Court by the SHO, confirming she had left her parents’ home after a dispute and was staying temporarily with the respondent. The child expressed willingness to return to her parents, and the parents assured they would care for her without harassment. The Court observed that the petition had outlived its purpose and ordered the SHO to act as “Shourya Didi” for six months, providing mentorship and emotional support to the child. The child, after completing formalities at the One Stop Center, is to be released to her parents. The petition is therefore rendered infructuous.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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Anand Pathak, J.
1. Petitioner and her husband are present in person.
2. Corpus is produced by Ms. Divya Tiwari, SHO, Police Station Madho Ganj, Gwalior.
3. The instant petition is in the nature of habeas corpus. As per allegation of petitioner, her minor daughter aged about 16 years (corpus herein) is in illegal confinement of respondent No.4-Manish Jatav. Corpus is produced by the Police Officer and it is informed that she has been recovered from one room, taken on rent by respondent No.4-Manish Jatav at Harishankar Puram, Gwalior.
4. This Court raised specific query from the corpus then she admits that she is minor aged about 16 years and because of scolding of her parents, she left her maternal home. She lived with respondent No.4 for some days in a rental room. Now she is ready to go and live with her parents and Corpus undertakes to engage in creative pursuit specially in educational activities etc.
5. This Court asked parents of the corpus including petitioner, then they categorically submits that they are ready to take the child and would take care of her. They shall not be a source of embarrassment and harassment to her in any manner.
6. Considering the submissions and the purpose for which this petition was filed, it appears that it outlived its purpose.
7. Ms. Divya Tiwari, SHO, Police Station Madho Ganj, Gwalior, who produced the corpus before this Court, is appointed as "Shourya Didi" for corpus for next six months.
8. The concept of "Shourya Didi" has been discussed in detail in the 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, 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 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."
9. Ms. Divya Tiwari, SHO, Police Station Madho Ganj, Gwalior shall take care of the 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.
10. With the aforesaid directions, the instant petition stands disposed of as rendered infructuous.
11. Since corpus was kept in One Stop Center, Kampoo, Gwalior, therefore, it is directed that after completing due formalities in One Stop Center, Corpus shall set free. She may be permitted to go with her parents.
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