U.S. District Judge Paul Maloney's decision this week came eight months after David Werking, 43, won a lawsuit against his parents.
Court also considered the prosecution's argument that the accused have deleted the evidence.
Kundra, husband of Bollywood actor Shilpa Shetty, was arrested July 19 by the Mumbai police crime branch under sections of the Indian Penal Code and the Information Technology Act.
The actress took to Instagram to urge netizens to watch the film, which was released digitally on Friday. She said 'Hungama 2' was the outcome of the "relentless efforts of an entire team" and that the film "shouldn't suffer".
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