The FA launched an investigation into the pitch invasion by Latics fans following their shock FA Cup win on Monday but decided Aguero had no case to answer.
They also decided to take no action over the heated half-time exchange between the two managers, Pep Guardiola and Paul Cook, following Fabian Delph’s dismissal.
But both clubs have been charged for failing to control their players in the aftermath of Delph’s red card for a reckless tackle on Max Power. And both have been asked for their observations on the crowd trouble that followed the final whistle to the fifth-round tie.
Aguero was surrounded by fans with one appearing to aim a punch at him. He threw his arm back to defend himself before being restrained by Manchester City’s physio Steve Lilley.
But sources close to the player say he was enraged by being spat at in his ear and alleged the fan told him to “suck my d***”.
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After viewing television footage of the incident and reading referee Anthony Taylor’s match report, the FA accepted the difficult circumstances Aguero found himself in and decided not to sanction him – leaving him free to play in Sunday’s Carabao Cup final against Arsenal. But the Argentina striker will be reminded of his responsibilities.
City however say Aguero is considering taking legal action against his assailant.
City have already told Wigan they are unhappy at the lack of stewarding at the game on Monday which allowed hundreds of fans spilled onto the pitch and put the safety of their players at risk.
Wigan are likely to be punished by the FA for their failure to control their fans. And City could be charged as well after their fans reacted to provocation from their Wigan counterparts by jostling with stewards in a bid to get on the pitch and tore down advvertising hoardings, throwing them on the pitch – one struck a policeman.
The FA said in a statement: “Both Wigan Athletic and Manchester City have been charged for failing to control their players in relation to the dismissal of Fabian Delph during Monday night’s Emirates FA Cup fifth round tie.
The clubs have until 6pm on Friday February 23 to respond. In addition, both clubs have been asked to provide their observations following the crowd trouble at the end of the game and have until Monday February 26 to respond.”
Wigan launched a full investigation into the trouble that marred their shock victory. Chief executive Jonathan Jackson said: “While we appreciate that the vast majority of supporters who ran on to the pitch did so spontaneously to celebrate a famous victory, we were disappointed with the action of a minority of supporters who acted in an inappropriate manner.
“Player and staff safety is of paramount importance and we will conduct a full investigation.”