Villa boss Alex McLeish called for the Football Association to take retrospective action against the Dutchman for what he claimed was an elbow on the Spaniard, but match referee Mike Jones has told the FA he saw the incident and decided it was not worthy of punishment.
McLeish said on Sunday, following his side's 3-2 defeat: "I thought it was a clear elbow, but the referee did not seem to think there was anything in it.
"Would I like the FA to look at it? Yes, if it was an elbow in the face - look at my nose, it is a result of elbows all my career. It is something which is dangerous.
"I never mentioned it to the referee. I saw it in real time.
"I don't like to point the finger at players, but it has happened to mine enough times.''
Two Van Persie penalties either side of a fortuitous Theo Walcott goal helped the Gunners erase first-half goals from Richard Dunne and Darren Bent and set up a last-16 meeting with Sunderland or Middlesbrough.
The Gunners have had a player banned retrospectively this season, with Alex Song handed a three-match suspension for a stamp on then Newcastle midfielder Joey Barton in August which was not seen by referee Peter Walton.