The two men were involved in a brawl last month when the model returned his four-year-old daughter Nahla to the home she shares with his ex-partner Halle Berry and French actor Olivier but one of the conditions reached by the former couple in a settlement last week was that Olivier wouldn't take the matter any further,
A source said: ''Olivier informed the LAPD and the Los Angeles City Attorney's Office that he was no longer interested in pursuing criminal charges against Aubry.
''The LAPD had turned the case over to the Attorney's Office to determine if any charges should be filed. However, since the complaining witness has subsequently indicated he doesn't want to proceed, it is likely the case is dead on arrival.
''Aubry and Berry worked out a confidential settlement last week that included specific language about how none of the parties - Halle, Gabe or Olivier - would pursue criminal charges against the another. All sides managed to agree to satisfactory terms with the focus being on ending the mayhem for the sake of Halle and Gabriel's daughter Nahla.''
In addition, Gabriel - who despite being identified as the one who started the fight in police reports suffered extensive injuries - has agreed to drop his bid for a permanent restraining order against Olivier.
The source continued:''Gabriel suffered horrific injuries from the fight, but as part of the settlement he reached with Halle on Thursday (29.12.12) he agreed to drop the bid for the permanent restraining order against Martinez.
''Gabriel feels there are enough layers of protection in the settlement agreement that will protect him and Nahla.''