ORDER :

L. VICTORIA GOWRI, J.

Prologue:

The petitioners, who are arrayed as Accused Nos.2 and 3 in C.C.No.240 of 2017 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, seek quashment of the final report laid for the alleged offences under Sections 147, 148, 448, 294(b), 506(ii) and 427 IPC, corresponding broadly to Sections 191(2), 191(3), 329(4), 296(b), 351(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023.

Case of the prosecution:

2. The prosecution case, in brief, is that on 18.12.2014, at about 5.00 a.m., the petitioners along with other accused persons allegedly formed an unlawful assembly, trespassed into the property claimed by the second respondent/de facto complainant in R.S.No. 201/2 of Kavoorkonam, Arumanai, and damaged 85 rubber trees said to be worth Rs.1,50,000/-.

3. It is further alleged that when the second respondent questioned the accused, they abused him in filthy language, threatened him with dire consequences and left the place. On this foundation, the respondent police laid a final report against the petitioners and other accused for the aforesaid offences.

Grounds for quash:

4. The petitioners contend that they have been falsely implicated in a pure