Whelan jumped two-footed into a challenge with Garcia during his side's FA Cup fourth-round defeat to Manchester City on Saturday, catching the Spaniard's foot.
But Howard Webb took no action at the time, and the Football Association confirmed the referee did see the incident.
Under FA rules, that means retrospective punishment is not an option.
Whelan said after the game: "I've gone in for the challenge and I don't think I tried to be dirty but if it looks that way on TV then I'll have to hold my hands up.
"I don't think I caught him as much as he was rolling about. It's the English game, the old-fashioned game, and that's what the Premier League is so good for.
"There is massive pressure on the referees from the media and the people they're accountable to. Hopefully it (tackling) can stay in the game and people just get on with it."
Meanwhile, City midfielder Gareth Barry claims referee Webb told him he did not get a good view of Whelan's controversial tackle.
Barry said: "I think the referee said at the time - I spoke to him and he said he didn't have the right angle on it but Javi, in the changing room, said the player went in with both feet and caught his ankle so I think they showed that on TV too."
He added: "I don't want to speak badly against Glenn Whelan. He's a great pro and I'm sure he went for the ball."