P is the Managing Director of AMR Limited who committed a fraud against the Company. A judicial proceeding has been initiated against P for fraud committed by him. Now P wants to settle the case through mediation or conc

The crime of fraud comes under non-compoundable offence and these types of crime shall not be referred to mediation or conciliation for settlement. Hence the crime committed by P, cannot be referred to mediation and conciliation. As per rule 30 of Companies (Mediation and Conciliation), Rule 2016, following matters shall not be referred to mediation or conciliation, namely: - the matters relating to proceedings in respect of inspection or investigation under Chapter XIV of the Companies Act, 2013; or the matters which relate to defaults or offences for which applications for compounding have been made by one or more parties. Cases involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion etc. Cases involving prosecution for criminal and non-compoundable offences. Cases which involve public interest or interest of numerous persons who are not parties before the Central Government or the Tribunal or the Appellate Tribunal as the case may be.